h

Functional Translation of the

Constitution
of the

Republic of Maldives 2008

Done By

Ms. Dheena Hussain
LLB. (Hons), (Birmingham), LLM. (London), Barrister-at-Law (Lincoln’s Inn)

At the Request of

Ministry of Legal Reform, Information and Arts

.

................. Citizens......................... 7 Freedom of acquiring and imparting knowledge.................................................................. 24............................... 8 i ............ 26...................... 17........... 29............................ 19...................... 7 Freedom of expression ....... 2 12.................................................................................................................... Constitution...... 2 11....... 1 3........ 1 6..................................................... 5 Freedom from restraint ..... 2 10.................................................................................................................... Republic of the Maldives ................................... National Flag ........................................ National Language ...................... Territory of the Maldives ................................................. 3 CHAPTER II FUNDAMENTAL RIGHTS AND FREEDOMS 16............................................................ Capital .............................. Guarantee of Rights .............................................................................................................................................................. 8 Right to strike........................ 7 Freedom of the media ...... 2 13.............................. 7 Right to vote and run for public office..................... 25........................ 1 5......................................... 5 Protection of the environment ......................... Powers of the citizens................................... 3 15..................................................................................................... 1 8.. 6 No slavery or forced labour .......... 1 2............................................................................................... 20............... 5 Equality ............................................... 6 Privacy ....... 1 4...................... associations and societies .......................................................................... 3 Non-discrimination ......................... 7 Freedom to form political parties.............................. State Religion ......................... Legislative power ............................................... 5 Duty of the State ........................ National Day ........ Judicial power .......................... 2 9. 5 Right to life ....................................................... 28................................................................................................................. 22.......................................... Supremacy of Constitution .................... SOVEREIGNTY AND CITIZENS 1..................................... 1 7............................................................................................................................. Currency of the Maldives..... 21........................ 18...... 5 Economic and social rights .......... 27.......................... 23......................................................................... Executive power ..................................................................................................................... 3 14.....INDEX Article Page No CHAPTER I STATE........... 30.................. 31.........................

.............................................................................. 15 54.. Assistance of legal counsel .................................... 16 62...... elderly and _............... 11 43........................ 17 66.. 16 60......... 15 56............................. Confessions and illegal evidence ........... young..... Non-compliance with unlawful orders ................................................................................................................................................................... Fair and transparent hearings ........................................... Right to work .............32................ Right to marry and establishment of the family .............. 17 63................................. 12 47.............. Application to court to obtain a remedy ........................ 15 55...... 14 51......... 16 59................................................................................... Right to protect reputation and name ................. Interpretation.............................. Voidance of laws inconsistent with rights and freedoms ........................... Right to appeal ............... Retrospective legislation . No unlawful arrest or detention ................ Retention of other rights .................................................................................................... Responsibilities and duties ........ 13 48................... Power of arrest and detention .............................................................. Compensation .......................... 10 39......................................... 12 46................... Prompt investigation and prosecution .................... Freedom of assembly .... Personal liability ................................... Fair administrative action ............. Right to participate in cultural life ..................obligation ......... 13 49...................................................... 15 57. 8 36............................................ Non-destructive interpretation of Constitution ............ 8 35.. Freedom of movement and establishment ...... Voidance of laws inconsistent with fundamental rights ........................................................ 18 67.................................... Right of pension. 13 50............................................................... No imprisonment for non-fulfilment of contractual __.................................. Prohibition of double jeopardy... 15 53... Right to acquire and hold property ................................... 11 42. Publication of acts and regulations ...................... 19 ii .......................................... 17 65.................. Right to education ......................................... 8 34....................................................................................... 18 68............................................................... Humane treatment of arrested or detained persons ......... 9 37..... 19 69............. 17 64.. 15 58.................. 12 45............................... 10 41......................... 8 33......................................................... 10 40.................... Rights on arrest and detention ................................................... Release of accused ..... Search and seizure ...disadvantaged people... 16 61...................... 9 38....................................................... No degrading treatment or torture .............................................................. Rights of the accused ......................................................... 12 44........... Special protection to children.................................................................................. 14 52..............................................................

.................................................. 20 72................................. Oath of office of members of the People’s Majlis ................................. Resignation. Publication of proceedings of the People’s Majlis ........................... Vote of no confidence in a member of the Cabinet .................................................. 24 76..................................... Voting .... Questioning of Ministers and members of the Government ......................... Function of members ...................................................................................................................................................................... 31 98............................ Improper benefit ...................................................................... Court jurisdiction ...... Speaker and Deputy Speaker of the People’s Majlis ....................... 35 103.................... Privilege .......................... Election of members .................. Qualifications of members ........... Quorum ........................................ Treaties ........................................................................................ 33 101....................................................... 21 73.... Summoning persons ............................ Legislative authority................................................................................................ 35 105................................................................. 27 88.......... 24 79........................ 29 90............ 27 84....... Proceedings open to the public .......................... 30 94................... 33 100................................................. 24 75............................ 27 85...... 24 77................................................................................ 25 83......... 30 93............. Extension of term of the People’s Majlis .................................................. 35 104.... Term of the People’s Majlis ................ 29 91..................................... Sittings of the People’s Majlis ................................................................................... 24 78.............................................................. Regulation of procedure ....... Presidential address .......lawful authority............................................................... Removal of President or Vice President ......... 27 87........... 29 92. Taxation and expenditures....................................................... 22 74.... Secretary General ............................ Security ......................................... Filling vacancy .................................. 28 89...................................... 24 80............ Annual budget ............................................ Declaration of assets ....................................................... Reference to Supreme Court .. 19 71........................................... 31 97.. 34 102...... Determination of the composition of the People’s Majlis ................................... 35 iii ......................... Publication of laws in the Government Gazette ........ 25 81........ 30 95..............................CHAPTER III THE PEOPLE’S MAJLIS 70. 25 82.................... Presidential assent or return for reconsideration...... Salary and allowances . 27 86...................................................................................... Delegation of power to make regulations and orders with _............. 32 99.................................................................................................. 31 96...

................. Government Ministries........... 44 125................ 36 109......................................................... Term of office ..................................... Vice President ................................................ 39 116............................................................................................................................................................... 38 113. 37 111..................................................................................... Election ..... 36 108..................................................................................... 49 Salary and allowances .... Temporary inability of the President to perform his ____responsibilities ............................... 131............................................... 36 110......................................................... 137.. Jurisdiction of the Supreme Court......................................................... Oath of office of the President and Vice President ..................................................... 136....................... 138............................................ 46 Oath of office ... 133........................................... 50 Declaration of assets ...... 44 126...... 50 Restrictions ............................................................................ 42 121. 45 128.................. Cabinet of Ministers ............................................. Restrictions .................................................................................................... Temporary incapacity to carry out duties ............ Presidential elections on the vacancy of the office of ___............................ 47 Responsibilities of the Cabinet ......................................................... Salary and allowances .. Executive power ...President and Vice President ............................................ 43 123.... 41 117................. Presidential election...... 38 114..................................................................................................................... 39 115.... 50 iv ... 36 107................. 43 124.................................... 48 Accountability and responsibility of the Cabinet .................duties of the office of President and Vice President ................ 42 118................... Manner of Presidential election ....................... Oath of office by persons temporarily discharging the ___...... Declaration of assets ........................ 42 122..... Immunity to a person who has served as the President .................................................. 50 Dismissal................ Vacancy of office of Vice President ................. 37 112......................................................... 134..................... Qualifications for election as President.................................................................................................... 135.. Criminal accountability .............................................. 46 Qualifications of Ministers ...... Powers and responsibilities of the President ............. Responsibilities of the Vice President ........... Resignation............................................... 45 CHAPTER V THE CABINET OF MINISTERS 129....................CHAPTER IV THE PRESIDENT 106....... 132.. 45 127. 47 Attorney General ..... 42 120................................................ 42 119.......... 130........................................................

.......................................... Oath of office of Judges .... 52 145....................................................... 55 151.............. Power to determine the jurisdiction of courts and to enact ____administrative laws relating to the courts ... Removal from office .............................................. 55 150....... Constituting the Judicial Service Commission .. Judicial Service Commission ................................................................ Judiciary ........................................................................ 56 CHAPTER VII INDEPENDENT COMMISSIONS AND OFFICES JUDICIAL SERVICE COMMISSION 157.................................... Full time performance ................... Supreme Court ................................ Tenure and removal .............................. Oath of office .................................................................................... High Court ............................................... 56 153....... 60 164............................................................................................. Appointment of Judges ..... 54 147. 56 154................................. 50 CHAPTER VI THE JUDICIARY 141...... Salary and allowances .................................................................... Compliance with Law.............................. Term of office of members of the Judicial Service ____Commission ..................... 56 155....139....................... 57 158....... Powers in constitutional matters .................. Resignation................................. 60 v ......... 57 159........... A minister to be responsible for each government ____authority ................ 52 144. Responsibilities and powers ............................................. Declaration of assets ............................................... 56 156............................................................................. 51 142....................................................................................................................................................... 56 152..................................................................................................................... 59 162................... 54 148.................................................................................................. Quorum and voting . 60 163............ 50 140..................................... Qualifications of Judges ........ Appointment of the Chief Justice..... Composition of the Judicial Service Commission ................................................................................................................... 52 143.............. 58 160................... 60 166...... Administration of the courts ...................... 54 149........................................... Resignation from membership of the Judicial Service ____Commission ................. 60 165.......................... Salary and allowances ....... 59 161................................................... 53 146................................................ Jurisdiction of the courts ..............................

............... Appointment and composition of the Elections ____Commission ....... 69 190............................................................................................ 61 170....................................................................................... 65 181..................................................................................... Human Rights Commission ............. Term of office of members of the Human Rights ____Commission ........ 63 174... Qualifications ................................................. Term of office of members of the Civil Service Commission ..................... 68 184..................... 68 185............................... Resignation from membership of the Elections ____Commission . 62 171................................................................................................. 69 HUMAN RIGHTS COMMISSION 189............. Qualifications ....................................................... Appointment and composition of the Human Rights ____Commission ............................................ Oath of office .. Civil Service Commission ................... Voting and recording of results ............................ 68 187.............................................................................................. Elections Commission ....................... Qualifications ................ Responsibilities and powers ..... 69 191............. Removal from office ........................ 63 175.................. Responsibilities and powers .................................. Salary and allowances ................................................................................... 65 180..ELECTIONS COMMISSION 167...................................... 71 vi .............. 70 192. 66 183...... 64 CIVIL SERVICE COMMISSION 179........ Term of office of members of the Elections Commission ............... Responsibilities and powers .......................................................................................... 61 169......................................................................................................... Quorum and voting ...... Removal from office .... Appointment and composition of the Civil Service ____Commission ............. Oath of office ............................................................................... 70 193.......... 68 186......... Resignation from membership of the Civil Service ____Commission .................. Elections petitions ......................................................................................................................... Salary and allowances ....................... 61 168....................................... 64 178............................................... 64 177.......................................... Quorum and voting ............................................ 64 176.................. 63 172.............................................................................................................. 63 173................................................................ 65 182.......... 68 188......

.... Oath of office .............................................................. Quorum and voting ....................... Anti-Corruption Commission ........................................................... 78 vii .......... 72 201....................................................................................................................................................................................................................................................................... 77 Resignation of Auditor General ..................... Resignation from membership of the Human Rights ____Commission ............................................................................................................................... Term of office of members of the Anti-Corruption ____Commission ............................................................................... 75 Qualifications of Auditor General ...................................... 75 AUDITOR GENERAL 209................................................ Salary and allowances .................................. Prosecutor General.................................................................... 72 200................... Responsibilities and powers ...... 77 Term of office of the Auditor General...................................................... 211....................................................... 213.. 74 208. 71 198................................................................................................. Auditor General .. 216.................................................................................................. 210..............................194........ 74 207............. 77 Salary and allowances ................................................................ 74 206...... Salary and allowances ........................ 71 195... 74 205.......................... 77 PROSECUTOR GENERAL 220......................................................... 215............................. 77 Audit of the Auditor General’s office ......... 74 204... 219................................................................................................................ Appointment and composition of the Anti-Corruption ____Commission .. 75 Reporting . 71 196. 212... 77 Oath of office ............................... 78 221..................... 73 202............. 75 Appointment of Auditor General ........................................................... Removal from office .................. 73 203... 71 197.......... 217............ 75 Responsibilities and powers ............................................ 72 ANTI-CORRUPTION COMMISSION 199............................. Appointment of Prosecutor General .......................................................................... 77 Removal from office .... 218..... Resignation from the Anti-Corruption Commission...... Removal from office ......... Quorum and voting ........ Oath of office . Qualifications .......................................... 214...........

.................................................................................... 84 Separate services ... 227........................................................... 80 Resignation of Prosecutor General ................. 81 CHAPTER VIII DECENTRALISED ADMINISTRATION 230.... sea and naturally occurring valuable resources ..... Property and assets owned and acquired by the State .............................. 234............................................ 223..................................................................... 80 Removal from office .... 85 Equal treatment .......... 84 Police Service ..................................... 233.... 86 Transactions relating to State property................... 86 Ownerless property ............................... 83 Ownership of property and liability for debts ............................ 84 Ministerial Responsibility .................................. 237.................................................................................................. 248................................... 224..................................... 241................................................................................................. 243................................ 242......... Security services .................................................................................................................... 85 CHAPTER X PROPERTY........................................................... 82 Responsibilities...... 83 Finance ....... 83 Constitutional limitations ........ 239................ 231............... 246........ 84 Multiparty committee of the People’s Majlis......... 84 Military Service ........................ Decentralised administration ............................................. 83 Authority of the People’s Majlis over the security services .... 229....................... Qualifications of Prosecutor General...................... 225......... 86 viii .. 244........................ 78 Responsibilities and powers of the Prosecutor General ............... 235..... 238................ 83 Responsibilities and duties .......... 226.......... 82 Authority to enact subordinate legislation ..... 80 Salary and allowances ................................................. 228. 80 Oath of office ................................................................... 232......... 80 Term of office of the Prosecutor General .....................................222........................................................... 249........................... 81 Election of Councils ................... 79 Acting through agents ........................................ 240. LIABILITIES AND LEGAL ACTIONS OF THE STATE 247.......................................... 85 Land..................... 250............ 83 CHAPTER IX SECURITY SERVICES 236................... 84 Illegal orders and non-compliance .............................................. 245.

................ 87 252............................ 93 Continuance of laws in force .............................................................. 93 Continued effect of repealed laws ................................................ 270...................................... 93 Ascertainment of time ................ Prohibition of foreign ownership and foreign military ___............ 93 Regulations enacted under authority of Statute .................................... 259.............................................. 88 Publication............................... 92 Provisions included in Bill ........... 266......... 91 CHAPTER XII AMENDMENT OF THE CONSTITUTION 261.............................................................................................. 93 CHAPTER XIII APPLICATION AND CONSTRUCTION OF THE CONSTITUTION 268............................... 92 Defeat of Bill ......................................... 274.................... 92 Non-assent by President and national referendum .. 94 Definitions .................................................................................. 88 Limitations of the declaration ........................................................................................ 263........................... 90 Public announcement of expiry of state of emergency ............ 272............. 94 ix .. 262............ 91 Publication in Government Gazette................................. 87 Content of the declaration . 87 CHAPTER XI STATE OF EMERGENCY 253............................... 90 Expiry or revocation of declaration ......................... 273......................purposes ............ 269........... 93 No amendment during emergency .... 271...........251................... Supremacy of the Constitution . 254................................. Declaration of a state of emergency ................. 255.................. 265....... 91 Assent of President .. 90 Determination of disputes relating to the declaration ...... Legal actions in the name of the State ............................................................................................ 260....... 258............................ 90 Submission of declaration to the Peoples Majlis .......................................................................... 264........................... 257..................... 94 Headings ............................................... 256..................................... Amendment of the Constitution......... 267....

.... 104 292.. OATH OF OFFICE OF VICE PRESIDENT ...... 107 300......... 103 287.................................................. 102 286........ Obedience to the Constitution ................................................................................................... Commencement of this Constitution ....... 99 279........................... 110 3.............................................................................. Vacancy in Elections Commission ......................CHAPTER XIV TRANSITIONAL MATTERS 275... Anti-Corruption Commission ............................................. 99 281...... Presidential election................. 106 297.................. Continuance of laws ........................ 99 278......... 107 299. 111 5......................................................... OATH OF OFFICE OF MEMBERS OF THE CABINET ................... OATH OF OFFICE OF PRESIDENT ......... Supreme Court ..... 110 4..................... Term of Supreme Court ............. Prosecutor General ................................................................................................... Continuance of other posts and institutions .......................................... Election of the People’s Majlis ........................ 104 291..... Continuation in office of the President and the Cabinet of ………......................................COMMISSIONS AND INDEPENDENT OFFICES . OATH OF OFFICE OF MEMBERS OF INDEPENDENT …................................. 99 280.............. 102 285....... Judicial Service Commission .......................... 103 289.... OATH OF OFFICE OF MEMBERS OF THE PEOPLE’S ……MAJLIS......................... 105 295................... Independent Commissions ........................................................ 104 290..... 100 283............. 108 301....... 109 SCHEDULE 1 OATHS OF OFFICE 1............................................................. 102 284................................................................ Responsibilities and powers of the People’s Majlis ...... 105 296.................... No amendment to the Constitution . Continuation of Judges.............................. 106 298............................................................ Elections Commission .......... 104 294................... OATH OF OFFICE OF CHIEF JUSTICE AND JUDGES ........... 97 276................. 97 277........ Appointment of Judges to the Supreme Court........ Application of this Chapter ......... Term of Elections Commission ....... 104 293..... 111 x .. Decentralised administration .................................. Continuance of the People’s Majlis ....................................................................................... 110 2.... Responsibilities of the Elections Commission ........................................................ Other courts.........................................................Ministers ................................................... 111 6. 99 282.......................................... 103 288............... Jurisdiction of the courts ................................ Qualifications of members of the Elections Commission ..........................................................................................

.................................... 114 xi ........................................................................................................... 112 SCHEDULE 3 NATIONAL FLAG National flag ....................................................................................................... 113 Colours ............................................................. 113 Composition of national flag................................................................................................................................. 113 Dimensions..............................................SCHEDULE 2 ADMINISTRATIVE DIVISIONS .

Powers of the citizens 4. All legislative power in the Maldives is vested in the People’s Majlis. sea and seabed within the archipelagic baselines of the Maldives drawn in accordance with the law. Judicial power 7. Any reference to the “Constitution” herein is a reference to the Constitution of the Republic of the Maldives. 1 . Territory of the Maldives 3. air space. and is a unitary State. Executive power 6. The Maldives is a sovereign. to be known as the Republic of the Maldives. and includes the territorial waters. This is the “Constitution of the Republic of the Maldives”. independent. All the powers of the State of the Maldives are derived from. Legislative power 5. As provided for in this Constitution the executive power is vested in the President. democratic Republic based on the principles of Islam.CHAPTER I STATE. and remain with. Any changes to the territory of the Maldives may only be made pursuant to a law enacted by at least a two-third majority of the total membership of the People’s Majlis. the citizens. The judicial power is vested in the courts of the Maldives. Republic of the Maldives 2. Any reference to “the Maldives” is a reference to the Republic of the Maldives. SOVEREIGNTY AND CITIZENS Constitution 1. The territory of the Maldives encompasses the land. the seabed and air space thereof beyond the said baselines.

children born to a citizen of the Maldives. foreigners who. (a) The following persons are citizens of the Maldives: 1. in accordance with the law. (b) No citizen of the Maldives may be deprived of citizenship. Islam shall be the one of the basis of all the laws of the Maldives (b) No law contrary to any tenet of Islam shall be enacted in the Maldives National Language 11. become citizens of the Maldives. citizens of the Maldives at commencement of this Constitution. (a) The religion of the State of the Maldives is Islam. The powers of the State shall be exercised in accordance with this Constitution. National Flag 12. (d) Despite the provisions of article (a) a nonMuslim may not become a citizen of the Maldives.Supremacy of Constitution 8. (c) Any person who wishes to relinquish his citizenship may do so in accordance with law. 2. (a) The national flag of the Maldives consists of a white crescent in the centre of a green rectangle 2 . the Citizens 9. and 3. The national language of the Maldives is Dhivehi. State Religion 10.

divided into one hundred Laari. (a) This Constitution guarantees to all persons. The capital of the Maldives is the island of Male’.surrounded by a red border. subject only to such reasonable limits prescribed by a law enacted by the People’s Majlis in a manner that is not contrary to this Constitution. (b) The limitation of a right or freedom specified in this Chapter by a law enacted by the People’s Majlis as provided for in this Constitution. Currency of the Maldives 13. CHAPTER II FUNDAMENTAL RIGHTS AND FREEDOMS Guarantee of Rights 16. National Day 15. the rights and freedoms contained within this Chapter. Capital 14. Any such law enacted by the People’s Majlis can limit the rights and freedoms to any extent only if demonstrably justified in a free and democratic society. The unit of currency of the Maldives is the Rufiyaa. and 3 . in a manner that is not contrary to any tenet of Islam. The national day of the Maldives is the first day of the month of Rabeeu al-Awwal. (b) The dimensions and colour code of the national flag and the placing of the crescent on the national flag shall be as specified in Schedule 3 of this Constitution.

the extent to which the right or freedom must be limited in order to protect the tenets of Islam. 4. shall not be contrary to article (a). the purpose and importance of limiting the right or freedom. (d) The onus of establishing that the limitation to any extent. has been limited in accordance with article (a) and (b). including: 1. where the right or freedom has been limited pursuant to article (b). 4 . 6. of a right or freedom included in this Chapter is within the reasonable limitations prescribed in this Constitution is on the State or the person asserting the limitation of the right or freedom. 2. a court must be fully cognisant of and make reference to all the facts. the extent and manner of limiting the right or freedom. (c) In deciding whether a right or freedom in this Chapter. 3.in order to protect and maintain the tenets of Islam. 5. the nature and character of the right or freedom. the relationship between the limitation of the right or freedom and the importance of the right or freedom. the extent to which the objective for which the right or freedom has been limited could have been achieved by limiting the right or freedom to a lesser degree.

and to protect and promote the rights and freedoms provided in this Chapter. The State shall undertake and promote desirable economic and social goals through ecologically balanced sustainable development and shall take measures necessary to Freedom from restraint 19. mental or physical disability. and has the right to the equal protection and equal benefit of the law. resources and beauty of the country for the benefit of present and future generations. Every individual is equal before and under the law. including race. or groups requiring special social assistance. (a) Everyone is entitled to the rights and freedoms included in this Chapter without discrimination of any kind. provided in law shall not be deemed to discrimination. political or other opinion.Non-discrimination 17. Equality 20. Everyone has the right to life. (b) Special assistance or protection disadvantaged individuals or groups. The State has a fundamental duty to protect and preserve the natural environment. 5 . biodiversity. liberty and security of the person. sex. No control or restraint may be exercised against any person unless it is expressly authorised by law. Protection of the environment 22. age. It is the duty of the State to follow the provisions of this Constitution. or native island. birth or other status. Right to life 21. to to as be Duty of the State 18. as provided for in article (a). national origin. property. colour. A citizen is free to engage in any conduct or activity that is not expressly prohibited by Islamic Shari’ah or by law. and the right not be deprived thereof to any extent except pursuant to a law made in accordance with Article 16 of this Constitution.

and ecologically balanced (e) equal access to means of communication.foster conservation. Every citizen the following rights pursuant to this Constitution. (g) the establishment of an electricity system of a reasonably adequate standard on every inhabited island that is commensurate to that island. the State media. his home and his private communications. (c) good standards of health care. (f) the establishment of a sewage system of a reasonably adequate standard on every inhabited island. Everyone has the right to respect for his private and family life. Every person must respect these rights with respect to others. prevent pollution. (b) clothing and housing. (d) a healthy environment. Economic and social rights 23. Privacy 24. and the State undertakes to achieve the progressive realisation of these rights by reasonable measures within its ability and resources: (a) adequate and nutritious food and clean water. physical and mental. and the natural resources of the country. transportation facilities. 6 . the extinction of any species and ecological degradation from any such goals.

Everyone has the right to freedom of the press. or service required pursuant to a court order shall not be deemed to be contrary to article (a). No person shall be compelled to disclose the source of any information that is espoused. (b) to run for public office. which shall be held by secret ballot. information and learning. (c) to take part in the conduct of public affairs. disseminated or published by that person. including the right to espouse.No slavery or forced labour 25. Freedom of acquiring and imparting knowledge 29. and in public referendums. information. every citizen of the Maldives eighteen years of age or older has the right: (a) to vote in elections. Right to vote and run for public office 26. Freedom of expression 27. (a) No one shall be held in slavery or servitude. and other means of communication. Everyone has the right to freedom of thought and the freedom to communicate opinions and expression in a manner that is not contrary to any tenet of Islam. Unless otherwise provided in this Constitution. Freedom of the media 28. directly or through freely chosen representatives. Everyone has the freedom to acquire and impart knowledge. (b) Compulsory military service. service required in cases of emergency or calamity threatening the life or well-being of the community. 7 . views and ideas. or be required to perform forced labour. disseminate and publish news.

to participate or not participate in their activities. Every person employed in the Maldives and all other workers have the freedom to stop work and to strike in order to protest. educational or cultural or purposes. Right to strike 31. the right to form trade unions. Everyone has the right to protect one’s reputation and good name. the right to establish and participate in any association or society for economic. Freedom of assembly 32. and to establish a family as specified in law. Right to protect reputation and name 33. associations and societies 30. (b) Children must be afforded special protection as specified in law in the event of a marital breakdown of the parents.Freedom to form political parties. Everyone has the right to freedom of peaceful assembly without prior permission of the State. (a) Every person of marriageable age as determined by law has the right to marry. (b) Everyone has the freedom to form associations and societies. Right to marry and establishment of the family 34. young. 2. Special protection to children. social. is entitled to special protection by society and the State. (a) Every citizen has the right to establish and to participate in the activities of political parties. (a) Children and young people are entitled to special protection and special assistance from 8 . being the natural and fundamental unit of society. The family. elderly and 35. including the following: 1.

No person shall obtain undue benefit from their labour. instil love for Islam. Right to education 36. including limits on hours of work and periodic holidays with pay. Opportunity for higher education shall be generally accessible to all citizens. or discriminated against in any manner and shall be free from unsuited social and economic exploitation. and promote understanding. It is imperative on parents and the State to provide children with primary and secondary education. and equal opportunity for promotion. foster respect for human rights. fair wages. the community and the State. tolerance and friendship among all people. Right to work 37. (b) Primary and secondary education shall be freely provided by the State. (c) Everyone has the right to rest and leisure. equal remuneration for work of equal value. sexually abused. the community and the State. (c) Education shall strive to inculcate obedience to Islam. 9 . Children and young people shall not be harmed. (b) Everyone is entitled to just and safe conditions of work. (a) Every citizen has the right to engage in any employment or occupation. (b) Elderly and disadvantaged persons are entitled to protection and special assistance from the family. (a) Everyone has the right to education without discrimination of any kind.disadvantaged people the family.

transfer or otherwise transact of such property. within the limits of its resources. and as authorised by order of the court. as expressly prescribed by law. In order to provide this right to each employed person. 10 . (a) Every citizen has the right to acquire. Right to acquire and hold property 40. culture. Fair and adequate compensation shall be paid in all cases. Right to participate in cultural life 39. as determined by the court. (b) The State shall promote education. Right of pension 38. the maximum number of working hours have to be determined as well as the length of paid holidays. inherit. (b) Private property shall be inviolable. (d) Property of a person shall not be forfeited in substitution for any offence. and to benefit from literary and artistic endeavours. own. literature and the arts. or enemy property. Every one engaged in employment with the State shall have the right of pension as provided by law. (a) Everyone has the right to participate in the cultural life of the nation.(d) Everyone has the right to spend time at rest and leisure. and may only be compulsorily acquired by the State for the public good. (c) Nothing in this Article prevents any law authorising a court to order the forfeiture (without the giving of any compensation) of illegally acquired or possessed property.

(a) Every citizen has the freedom to enter. transparency and impartiality. (a) In the determination of one’s civil rights and obligations or of any criminal charge. (b) Every citizen has the right to move to. (b) All judicial proceedings in the Maldives shall be conducted with justice. any inhabited island of the Maldives. Fair and transparent hearings 42. or 3. and to travel within the Maldives. public order or national security. (c) Trials of any matter shall be held publicly. 2. 11 . and take up residence on. where the interest of juveniles or the victims of a crime so require. but the presiding judge may exclude the public from all or part of a trial in accordance with democratic norms: 1. remain in and leave the Maldives.Freedom of movement and establishment 41. in the interests of public morals. in other special circumstances where publicity would prejudice the interests of justice. everyone is entitled to a fair and public hearing within a reasonable time by an independent court or tribunal established by law. (c) Every citizen shall have equal access to the receipt of rights and benefits from any island where he has established residency.

(d) All judgements or orders of a Court shall be pronounced publicly. and expeditious. including the conduct of investigations. 12 . Fair administrative action 43. All publicly pronounced judgements or orders shall be available to the public. (a) Everyone has the right to administrative action that is lawful. Everyone has the right not to be arbitrarily detained. unless the Court specifically orders otherwise for the reasons stipulated in article (c). arrested or imprisoned except as provided by law enacted by the People’s Majlis in accordance with Article 16 of this Constitution. shall extend to the accused person only and shall not affect the legal rights or obligations of any other person. every such person. The application of the criminal law or criminal procedure. Personal liability 44. group or every person who may be directly affected by such action has the right to submit the matter to court. (c)Where the rights of a person. Power of arrest and detention 46. procedurally fair. (b) Everyone whose rights have been adversely affected by administrative action has the right to be given written reasons. No person shall be arrested or detained for an offence unless the arresting officer observes the offence being committed. criminal proceedings and enforcement of sentences as provided by law. or has reasonable and probable grounds or evidence to believe the person has committed an offence or is about to commit an offence. or under the No unlawful arrest or detention 45. a group or community has been adversely affected by administrative action.

No person shall be detained in custody prior to sentencing. or potential interference with witnesses or 13 . Search and seizure 47. and to be informed of this right. the protection of the public. Rights on arrest or detention 48. Everyone has the right on arrest or detention: (a) to be informed immediately of the reasons therefore. (b) Residential property shall be inviolable. (b) to retain and instruct legal counsel without delay and to be informed of this right. who has power to determine the validity of the detention. except to establish identity. and shall not be entered without the consent of the resident. (c) to remain silent. and to have access to legal counsel facilitated until the conclusion of the matter for which he is under arrest or detention. and in writing within at least twenty four hours. Release of accused 49. to release the person with or without conditions. or to order the continued detention of the accused. (d) to be brought within twenty four hours before a Judge. (a) No person shall be subject to search or seizure unless there is reasonable cause. or under the express authorisation of an order of the Court. except to prevent immediate and serious harm to life or property. unless the danger of the accused absconding or not appearing at trial.authority of an arrest warrant issued by the court.

(a) to be informed without delay of the specific offence in a language understood by the accused. and where warranted. or is deaf or mute. (e) to have adequate time and facilities for the preparation of his defence and to communicate with and instruct legal counsel of his own choosing. and to defend himself through legal counsel of his own choosing. After notice of an alleged offence has been brought to the attention of the investigating authorities. Prompt investigation and prosecution 50. Everyone charged with an offence has the right: Rights of the accused 51. (d) to an interpreter to be provided by the State where he does not speak the language in which the proceedings are conducted. (b) to be tried within a reasonable time. (f) to be tried in person. (g) to examine the witnesses against him and to obtain the attendance and examination of 14 . The release may be subject to conditions of bail or other assurances to appear as required by the court. (c) not to be compelled to testify. the matter shall be investigated promptly.evidence dictate otherwise. the Prosecutor General shall lay charges as quickly as possible.

(a) Everyone has the right to retain and instruct legal counsel at any instance where legal assistance is required. Assistance of legal counsel 53. or being held in State care for social reasons. pursuant to an order of the court. No person shall be imprisoned on the ground of nonfulfilment of a contractual obligation. the State shall provide a lawyer for an accused person who cannot afford to engage one. Confessions and illegal evidence 52. or judgement or order in a criminal or civil matter.witnesses. No statement or evidence must be obtained from any source by compulsion or by unlawful means and such statement or evidence is inadmissible in evidence. inhumane or degrading treatment or punishment. No person shall be subjected to cruel. No degrading treatment or torture 54. Everyone deprived of liberty through arrest or detention as provided by law. (h) to be presumed innocent until proven guilty beyond a reasonable doubt. shall be treated with humanity and with respect for the inherent dignity of the human person. A person may be deprived of the rights or freedoms specified in this Chapter only to the extent required for the purpose for which he is deprived of his liberty. or to torture. 15 . (b) In serious criminal cases. No confession shall be admissible in evidence unless made in court by an accused who is in a sound state of mind. No imprisonment for non-fulfilment of contractual obligation 55. Humane treatment of arrested or detained persons 57. Right to appeal 56. Everyone related to a matter has the right to appeal a conviction and sentence.

Retrospective legislation 59. Everyone who has been arrested or detained without legal authority or justification has the right to be compensated. (a) All statutes. If an accused is found guilty and punished for an offence he shall not be tried or punished again for the same or substantially the same offence. government orders requiring compliance by citizens and government policies shall be published and made available to the public. he shall not be tried again for the same or substantially the same offence. If the punishment for an offence has been reduced between the time of commission and the time of sentencing. (b) The principle stated in article (a) does not apply to appeals relating to the offence. the accused is entitled to the benefit of the lesser punishment.Compensation 58. (a) If an accused is acquitted of an offence by a court. Publication of acts and regulations 61. Nor shall a more severe penalty be imposed than the one applicable at the time the offence was committed. regulations. (a) No person shall be found guilty of any act or omission which did not constitute an offence under Islamic Shari’ah or law at the time committed. which has been made available to the public and which defines the criminal offence and the 16 . Prohibition of double jeopardy 60. (b) This Article shall not prejudice the trial and punishment of any person for any act which was criminal according to international law. (b) No person may be subjected to any punishment except pursuant to a statute or pursuant to a regulation made under authority of a statute.

Everyone has the right not to obey an unlawful order. have been infringed or denied may apply to a court to obtain a just remedy. Voidance of laws inconsistent with rights and freedoms 66. Voidance of laws inconsistent with fundamental rights 63. (c) All information concerning government decisions and actions shall be made public. except information that is declared to be State secrets by a law enacted by the People’s Majlis. become void on the commencement of this Constitution. (b) The enumeration of rights and freedoms individually in this Chapter shall not be construed to deny or negate other rights retained by the people which are not specified in this Chapter.punishment for commission of the offence. . Anyone whose rights or freedoms. All existing statutes. regulations. 17 Non-compliance with unlawful orders 64. Any law or part of any law contrary to the fundamental rights or freedoms guaranteed by this Chapter shall be void or void to the extent of such inconsistency. to the extent of the inconsistency. as guaranteed by this Chapter. (a) The enumeration of rights and freedoms in this Chapter are guaranteed equally to female and male persons. decrees and notices inconsistent with the fundamental rights and freedoms provisions in this Chapter shall. No employee of the State shall impose any orders on a person except under authority of a law. Application to court to obtain a remedy 65. (d) Every citizen has the right to obtain all information possessed by the Government about that person. Retention of other rights 62.

friendship among all people and groups. language and heritage of the country. state emblem and the national anthem. (e) to respect the Constitution and the rule of law. (g) to preserve and protect the State religion of Islam. (b) to foster tolerance. resources and beauty of the country and to abstain from all forms of pollution and ecological degradation. The exercise and enjoyment of fundamental rights and freedoms is inseparable from the performance of responsibilities and duties. (i) to respect the national flag. security.Responsibilities and duties 67. mutual respect. integrity and dignity of the Maldives. biodiversity. (d) to promote the sovereignty. (h) to preserve and protect the natural environment. culture. (f) to promote democratic values and practices in a manner that is not inconsistent with any tenet of Islam. unity. and it is the responsibility of every citizen: (a) to respect and protect the rights and freedoms of others. and (c) to contribute to the well-being and advancement of the community. Every person in the Maldives must also respect these 18 .

the amendment of this Constitution. which is not inconsistent with any tenet of Islam. (a) The legislative authority of the Maldives shall be vested in the People’s Majlis. No provision of the Constitution shall be interpreted or translated in a manner that would grant to the State or any group or person the right to engage in any activity or perform any act aimed at the destruction of the rights and freedoms set out in this Constitution. CHAPTER III THE PEOPLE’S MAJLIS Legislative authority 70. equality and freedom. and shall consider international treaties to which the Maldives is a party. in accordance with the terms provided herein. 19 .duties. When interpreting and applying the rights and freedoms contained within this Chapter. 2. the enactment of legislation with regard to any matter. a court or tribunal shall promote the values that underlie an open and democratic society based on human dignity. Non-destructive interpretation of Constitution 69. (b) The law making powers of the People’s Majlis pursuant to article (a). includes the following powers: 1. Interpretation 68. or the amendment or repeal of any law.

Determination of the composition of the People’s Majlis 71. revoke or amend the disposition of the matter. the supervision of the exercise of executive authority and ensuring the executive authority is accountable for the exercise of its powers. (e) Any appointment or dismissal submitted to the People’s Majlis for approval includes the power of the People’s Majlis to accept or reject the appointment or dismissal. 7. the holding of public referendums on issues of public importance. the performance of all duties otherwise expressly required by this Constitution and by law. 5. 6. (a) The membership of the People’s Majlis shall be determined in accordance with the following principles: 20 . reject. and taking the steps required for ensuring the same. the determination of matters relating to Independent Commissions and Independent Offices in accordance with law. (d) Any matter submitted to the People’s Majlis for approval includes the power of the People’s Majlis to accept. 4. (c) The People’s Majlis shall not pass any law that contravenes any tenet of Islam.3. the approval of the annual budget and any supplementary budget.

referred to in this Article shall be the twenty administrative Atolls plus Male’. (b) The person elected from amongst those standing for election in each separate electoral constituency shall be the person receiving the greatest number of votes by secret ballot. 21 . (a) Each administrative division shall establish separate electoral constituencies in accordance with the principles specified in Article 71 of this Constitution. (c) A law shall specify the manner of determining the number of electoral constituencies in each administrative division and the boundaries of each electoral constituency. and 2. two members for the first five thousand residents registered for each administrative division or two members for administrative divisions with less than five thousand residents. Election of members 72. for a total of twenty one. one additional member for each group of five thousand residents in excess of the first five thousand. Such law shall specify the principles pursuant to which the population on each administrative division shall be divided into the separate electoral constituencies such that there is an approximately equal division of the population. where the residents registered to an administrative division exceed five thousand residents. All members shall be elected from a separate electoral constituency. The details of the administrative divisions are specified in Schedule 2 of this Constitution. (b) The administrative divisions at the time this Constitution comes into force.1.

2. is not a citizen of a foreign country. unless a period of three 22 . (b) A person who has acquired Maldivian citizenship is qualified to be a member of the People’s Majlis five years after the acquisition of citizenship and is domiciled in the Maldives. 3. is a Muslim and a follower of a Sunni school of Islam. if he: 1. has been convicted of a criminal offence and is serving a sentence of more than twelve months.Qualifications of members 73. or a a member of the People’s Majlis immediately becomes disqualified. (c) A person shall be disqualified from election as. 3. 4. and 5. is a citizen of the Maldives. a member of the People’s Majlis. is of sound mind. has been convicted of a criminal offence and sentenced to a term of more than twelve months. 2. has a decreed debt which is not being paid as provided in the judgement. has attained the age of eighteen years. (a) A person elected to be a member of the People’s Majlis shall be so qualified if he: 1.

6. 3.years has elapsed since his release. 2. the Armed Forces. an Independent Commission Independent Office. a member of the People’s Majlis shall not continue to hold office in: 1. 4. is a member of the Judiciary. the office of State Minister. 23 . Deputy Minister. any other office of the State except an office held by virtue of being a member of the People’s Majlis. or other State office of an equivalent level. the Civil Service. or an 5. the Police. the Cabinet of Ministers. (d) Unless otherwise specifically provided in the Constitution. or pardon for the offence for which he was sentenced. 4. a corporation wholly or partly owned or managed by the Government. 7. 8.

24 . business interests and liabilities. or vacating of seats. Members of the People’s Majlis should be guided in their actions by considerations of national interest and public welfare foremost. Any question concerning the qualifications or removal. and shall then stand dissolved. They shall represent not only their constituencies but the country as a whole. A member of the People’s Majlis may resign his seat by writing under his hand addressed to the Speaker. Function of members 75. Term of the People’s Majlis 79. Every member shall anually submit to the Secretary General of the People’s Majlis a statement of all property and monies owned by him.Court jurisdiction 74. an election shall be held within sixty days from the date of the vacancy. Such declarations shall include the details of any other employment and obligations of such employment. and should not exploit their official positions in any way for their own benefit or for the benefit of those with whom they have special relations. and the seat shall become vacant when the resignation is received by the Speaker. Filling vacancy 78. (a) The People’s Majlis shall continue for five years from the date of its first sitting. of a member of the People’s Majlis shall be determined by the Supreme Court. The first sitting of the newly elected People’s Majlis shall be held immediately after the dissolution of the previous People’s Majlis. A by-election shall not be held within six months prior to a general election. Resignation 77. Declaration of assets 76. Whenever there is a vacancy among the members of the People’s Majlis.

and all matters relating to the election of a new People’s Majlis shall be completed within that time. Extension of term of the People’s Majlis 80. before the Chief Justice or his designate. Oath of office of members of the People’s Majlis 81. the People’s Majlis shall not continue for a period longer than sixty days. (a) The People’s Majlis shall at the first sitting after the general election elect a Speaker and a Deputy Speaker from its members by secret ballot. Speaker and Deputy Speaker of the People’s Majlis 82. When the declaration of the state of emergency expires or is revoked during an extended term. the term of the People’s Majlis may be extended by a resolution enacted by the People’s Majlis for a period not exceeding one year if such resolution is supported by two-thirds of the total membership of the People’s Majlis. Until such time as a Speaker and a Deputy Speaker is elected the People’s Majlis shall be presided over by the consecutively longest serving member from among those present. Where there are a number of members who have consecutively served the longest then the Majlis shall be presided over by the member most senior by age of those having served consecutively the longest. 25 . In the event of a declaration of a state of emergency. A person elected as a member of the People’s Majlis shall assume membership in the People’s Majlis upon taking and subscribing. the oath of office of members of the People’s Majlis set out in Schedule 1 of this Constitution.(b) Election of members to the new People’s Majlis and all matters pertaining thereto shall be concluded thirty days prior to the expiration of the existing People’s Majlis. making it difficult to hold a general election.

if he ceases to be a member of the People’s Majlis. and if neither is present. The Deputy Speaker may resign from his post by writing under his hand addressed to the Speaker. However they may not take part in any vote concerning their 26 . and the post shall become vacant when the resignation is received by the Speaker. (d) The Speaker or the Deputy Speaker shall vacate his office: 1. if the People’s Majlis at any time so resolves. a person to preside over the sitting shall be determined as provided in the Regulations governing the Proceedings of People’s Majlis. and the post shall become vacant when the resignation is received by the Deputy Speaker. or in his absence the Deputy Speaker. (f) The Speaker shall not preside over the debate concerning his removal. (c) The Speaker may resign from his post by writing under his hand addressed to the Deputy Speaker. (e) No such resolution shall be moved unless fourteen days notice has been given to the People’s Majlis of the intention to move the resolution. (g) The Speaker and the Deputy Speaker have the right to take part and defend themselves in any debate concerning their removal.(b) The Speaker. shall preside over sittings of the People’s Majlis. or 2. The Deputy Speaker shall also not preside over any debate concerning his removal.

(a) Unless otherwise provided in this Constitution.removal. shall constitute a quorum of the People’s Majlis. (b) A majority of those present and voting of the members of the People’s Majlis or of a committee may decide to exclude the public and the press from all or any part of the proceedings if there is a compelling need to do so in the interests of public order or national security. (a) Subject to article (b). The sessions shall generally be held at the House of the People’s Majlis. and may present proposals for improving the state of the country to the People’s Majlis. (c) Article (b) does not prevent the People’s Majlis from specifying additional reasons for excluding the public from all or any part of a committee meeting of the People’s Majlis. all decisions of the People’s Majlis shall be decided by a majority of votes of the members 27 Voting 87. There shall be at least three sessions of the People’s Majlis every year. Sittings of the People’s Majlis 83. Quorum 86. The presence of at least twenty five percent of the members. the President shall address the People’s Majlis on the state of the country. At the beginning of the first session of each year at the first sitting. . Proceedings open to the public 85. meetings of the People’s Majlis and its committees shall be open to the public. Presidential address 84. The dates for the commencement and conclusion of the sessions must be specified in the Regulations governing the Proceedings of People’s Majlis.

with due regard to representative and participatory democracy. The People’s Majlis shall make regulations concerning these matters. accountability.present and voting. and. Regulation of procedure 88. transparency and public involvement. make regulations and principles concerning its business. determine and control its administrative arrangements. hiring and firing of employees. (c) The Speaker or other person presiding over sittings of the People’s Majlis shall not vote on any question. but in the event of an equality of votes. voting on any matter requiring compliance by citizens shall only be undertaken when more than half of the total membership of the People’s Majlis are present at the sitting at which the matter is voted upon. Such regulations may include rules of decorum and attendance requirements. (d) The Speaker or other person presiding over sittings of the People’s Majlis may vote when a question must be decided by a two-thirds or three-quarters majority of the members. determination of salaries of employees. (b) Despite the provisions of Article 86 of this Constitution. he shall have and exercise a casting vote. subject to the consent of two-thirds of the members. may provide for non-payment of salary 28 . and manage all matters concerning the sittings of the People’s Majlis. 2. the People’s Majlis shall: 1. (a) Subject to the provisions of this Constitution.

and allowances.

(b) Unless otherwise specified in this Constitution, the validity of any proceedings in the People’s Majlis shall not be questioned in any court of law.
Publication of proceedings of the People’s Majlis

89.

All proceedings of the People’s Majlis shall be published in the minutes of the People’s Majlis and available to the public. (a) No member or other person shall be liable to any proceedings in any court, and no person shall be subject to any inquiry, arrest, detention or prosecution, with respect to anything said in, produced before, or submitted to the People’s Majlis or any of its committees, or with respect to any vote given if the same is not contrary to any tenet of Islam. (b) No person or newspaper or journal shall be liable in respect of any report or proceedings made or published under the authority of the People’s Majlis, or in respect of any fair and accurate report of the proceedings of the People’s Majlis or any of its committees, where this is done in accordance with principles specified by the People’s Majlis.

Privilege

90.

Presidential assent or return for reconsideration

91.

(a) Every Bill passed by the People’s Majlis shall be presented for assent by the President within seven days from the date of its passing, and the President shall, within fifteen days of receipt, assent to the Bill or return the Bill for reconsideration of the Bill or of any amendment proposed by the President.

29

(b) Any Bill returned to the People’s Majlis for reconsideration shall be assented to by the President and published in the Government Gazette if the Bill, after reconsideration, is passed without any amendments, by a majority of the total membership of the People’s Majlis. (c) Any Bill not returned for reconsideration or amendment or assented to by the President within the specified time shall be deemed to have been assented to by the President and shall be published in the Government Gazette.
Publication of laws in the Government Gazette

92.

A Bill passed by the People’s Majlis shall become law when assented to by the President. Every Bill assented to by the President shall be published in the Government Gazette on the day of assent. Such law shall come into force when it is published in the Government Gazette, or on such later date following publication stipulated in the statute. (a) Treaties entered into by the Executive in the name of the State with foreign states and international organizations shall be approved by the People’s Majlis, and shall come into force only in accordance with the decision of the People’s Majlis. (b) Despite the provisions of article (a), citizens shall only be required to act in compliance with treaties ratified by the State as provided for in a law enacted by the People’s Majlis.

Treaties

93.

Delegation of power to make regulations and orders with lawful authority

94.

The People’s Majlis may, pursuant to law and for prescribed purposes, delegate to any person or body power to make orders, and regulations, or other instruments having legislative effect, including the power to:

30

(a) determine a date on which any law shall come into or cease to have effect; (b) make any law or part thereof applicable to any area or to any class of persons.
Reference to Supreme Court

95.

The People’s Majlis may by resolution refer to the Supreme Court for hearing and consideration important questions of law concerning any matter, including the interpretation of the Constitution and the constitutional validity of any statute. The Supreme Court shall answer the questions so referred and shall provide the answers to the People’s Majlis, giving reasons for its answers. The opinion shall be pronounced in like manner as in the case of a judgment on appeal to the Supreme Court. (a) Prior to the commencement of each financial year, the Minister of Finance shall submit for approval to the People’s Majlis a budget containing the projected revenue and expenditures for the year, and a statement of actual revenue and expenditures for the preceding year. (b) The People’s Majlis may approve or amend the budget submitted by the Minister of Finance as in its discretion it deems fit. (c) No supplementary expenditures shall be added to an approved budget without further approval by the People’s Majlis. Expenditures included in the budget shall be applied solely for the specified purpose.

Annual budget

96.

Taxation and expenditures

97.

The Executive shall not:

31

(a) spend any public money or property. Questioning of Ministers and members of the Government 98. (c) Any member of the Cabinet or member of the Government office to whom a question is addressed as provided for in article (b) shall answer to the best of his knowledge and ability. in the manner specified by the People’s Majlis and either orally or in writing. (d) The questions and answers given as provided for in this Article. (b) levy any taxation. except pursuant to a law enacted by the People’s Majlis. 32 . (d) provide any sovereign guarantees. and to respond under oath truthfully to questions put to them and to produce documents. (a) The People’s Majlis may require the presence of any member of the Cabinet or member of the Government to attend proceedings of the People’s Majlis. shall be published in the same manner as the proceedings of the People’s Majlis. (b) Every member of the People’s Majlis has the right to question. required by the People’s Majlis relating to the due performance of the obligations and responsibilities of such person. a member of the Cabinet or head of a Government office. (c) obtain or receive any money or property by loan or otherwise. whether orally or in writing. concerning the performance of his duties.

may remove the President or the Vice President from office only on the grounds of: 1. 33 . 2. (a) The People’s Majlis. The People’s Majlis or any of its committees has the power to: (a) summon any person to appear before it to give evidence under oath. the Constitution or law. direct violation of a tenet of Islam. Any person who is questioned by the People’s Majlis as provided for in this Article shall answer to the best of his knowledge and ability. representations submissions from interested persons institutions. inability to perform the responsibilities of office of President or Vice President. (b) A resolution as provided for in article (a). or or Removal of President or Vice President 100. serious misconduct unsuited to the office of the President or Vice President. or to produce documents. by a resolution. (c) receive petitions. (c) The People’s Majlis may establish a committee to investigate the matters specified in the resolution calling for removal of the President or Vice President. (b) require any person or institution to report to it. under the hand of at least one third of the members. specifying the reasons. or 3.Summoning persons 99. must be submitted to the People’s Majlis.

(a) A motion expressing want of confidence in a member of the Cabinet may be moved in the People’s Majlis. (f) The Regulations governing the functioning of the People’s Majlis shall specify the principles and procedures concerning a resolution to remove the President or Vice President from office as provided in this Constitution.(d) At least fourteen days notice of the debate in the People’s Majlis concerning such a resolution shall be given to the President or Vice President. and he shall have the right to defend himself in the sittings of the People’s Majlis. Vote of no confidence in a member of the Cabinet 101. both orally and in writing. specifying the reasons. under the hand of at least ten members. and the President or the Vice President shall have the right to defend himself in the sittings of the People’s Majlis. (b) At least fourteen days notice of the debate in the People’s Majlis concerning a motion under article (a) shall be given to the concerned member of the Cabinet. and has the right to legal counsel. 34 . both orally and in writing. (c) A motion of want of confidence concerning a member of the Cabinet shall be passed by a majority of the total membership of the People’s Majlis. and in such event the President or Vice President shall cease to hold office. (e) A resolution to remove the President or Vice President from office as specified in article (a) shall only be passed if it receives a two-thirds majority of the total membership of the People’s Majlis.

including the Speaker and Deputy Speaker. The members of the People’s Majlis and persons appointed or employed by them shall not use their position or any information entrusted to them to improperly benefit themselves or any other person. The President. to arrange for the sittings and documentation of the People’s Majlis. members of the People’s Majlis. as provided for in its regulations. Secretary General 104. 35 .(d) A member of Cabinet against whom a motion of want of confidence has been passed by the People’s Majlis shall cease to hold office. appoint a Secretary General to establish and manage the secretariat. all property attached thereto and all offices and facilities where its work is conducted shall be protected by the security services of the State (b) The security services of the State shall ensure the protection and safety of all members of the People’s Majlis. members of the Cabinet. The People’s Majlis shall. and generally to assist the Speaker and the members. Vice President. and members of the Independent Commissions and Independent Offices shall be paid such salary and allowances as determined by the People’s Majlis. members of the Judiciary. (a) The security of the House of the People’s Majlis. Security 105. Salary and allowances 102. Improper benefit 103.

CHAPTER IV THE PRESIDENT Executive power 106. (a) The executive power is vested in the President as provided for in the Constitution and the law. A person elected as President shall have the following qualifications: 36 . and shall promote the unity of the State. (d) The President shall exercise Executive authority as provided for in the Constitution and law. (b) A vacancy in the office of President leading to the Vice President succeeding to the presidency shall only be considered as a term in office within the meaning of article (a) if there are at least two years remaining in that term of office. (c) The principles of governance of the State being determined by this Constitution. Term of office 107. the Head of Government. whether consecutive or otherwise. Manner of Presidential election 108. defend and respect the Constitution. and the Commander in Chief of the Armed Forces. (a) The President shall hold office for a term of five years and no person elected as President pursuant to this Constitution shall serve for more than two terms in office. (b) The President shall be the Head of State. Qualifications for election as President 109. the President shall uphold. The President shall be elected directly by the people by universal and secret suffrage.

unless a period of three years has elapsed since his release. (a) The President shall be elected by over fifty percent of the votes. and who is not also a citizen of a foreign country. (e) not have an undischarged decreed debt. The run-off election shall be contested only by the two candidates receiving the highest number of votes in the first election. If no candidate obtains such majority. Election 110. (b) be a Muslim and a follower of a Sunni school of Islam.(a) be a Maldivian citizen born to parents who are Maldivian citizens. (c) be at least thirty-five years of age. not have been convicted of an offence for which a hadd is prescribed in Islam or of fraud. a run-off election must be held within twenty one days after the first election. (f) not have been convicted of a criminal offence and sentenced to a term of more than twelve months. and (g) despite the provisions of article (f). Elections for the office of President shall be held within one hundred and twenty days to thirty days prior to the expiry of the existing presidential term. or pardon for the offence for which he was sentenced. If the two 37 Presidential election 111. deception or criminal breach of trust. . (d) be of sound mind.

status. only those two candidates shall compete in the run-off election. (a) There shall be a Vice President of the Maldives who shall assist the President in the discharge of his duties and responsibilities. The Supreme Court. the candidate receiving the third highest number of votes in the first election may stand for election in the run-off election. 38 . sitting together in session. shall have sole and final jurisdiction to determine all disputes concerning the qualification or disqualification. then the run-off election shall be held among the top three candidates. of a presidential candidate or running mate or removal of the President by the People’s Majlis. (b) Every candidate for President shall publicly declare the name of the Vice President who will serve with him. (c) The qualifications of office for the Vice President shall be the same as those for the President. Jurisdiction of the Supreme Court 113. (c) The People’s Majlis shall enact a statute governing the conduct of presidential elections.candidates receiving the highest number of votes in the first election have an equal number of votes. (b) If any of the two candidates withdraws from the run-off election. (d) If the office of the President becomes vacant for any reason. If there are two candidates in second position with an equal number of votes. Vice President 112. the Vice President shall succeed to the office of the President. election.

(b) to supervise the efficient and harmonious functioning of all departments of Government. dismiss and accept the resignation of members of the Cabinet. the President is entrusted pursuant to this Constitution with carrying out the duties specified herein and shall have the following powers to do so: (a) to faithfully implement the provisions of this Constitution and the law. (d) to guarantee the independence and territorial integrity of the Maldives. and such officials necessary for the proper functioning of the duties of his office. (f) to appoint. and to promote compliance by organs of the State and by the people. and to promote respect for national sovereignty in the international community. and to submit policies and recommendations to the appropriate agencies and institutions of Government.Oath of office of the President and Vice President 114. In addition to the duties and powers otherwise expressly conferred on the President by this Constitution and the law. and to protect the rights and freedoms of all people. 39 . An incoming President or Vice President shall assume office upon taking and subscribing. Powers and responsibilities of the President 115. (c) to promote the rule of law. (e) to formulate fundamental policies of the State. the relevant oath of office set out in Schedule 1 of this Constitution. at a sitting of the People’s Majlis. before the Chief Justice or his designate.

(k) 1. (l) to appoint members of diplomatic missions to foreign countries and international organizations in consultation with the People’s Majlis. (j) to determine. (i) to declare states of emergency. which impose obligations on citizens. (n) to receive and recognize the credentials of 40 . which do not impose any obligations on citizens. (h) to issue declarations of war and peace. 2. (m) to recall and remove from office members of diplomatic missions to foreign countries and international organizations. to enter into general treaties and agreements with foreign states and international organizations.(g) to preside over the Cabinet of Ministers. with the approval of the People’s Majlis. in accordance with the provisions of the Constitution. and to immediately submit such declarations to the People’s Majlis for approval. conduct and oversee the foreign policy of the country. and to conduct political relations with foreign nations and international organizations. treaties and agreements with foreign states and international organizations. to enter into and ratify.

(q) to declare national and government holidays. and shall determine their areas of jurisdiction. (a) The President has discretion to establish all ministries required within the Government. (o) to appoint temporary commissions to advise the President on national issues and conduct investigations.diplomatic and consular representatives of foreign countries and other parties and to accept their letters of recall. (s) to grant pardons or reductions of sentence as provided by law. (r) to issue awards. (b) The People’s Majlis may give to the President such opinions and views it has on the ministries 41 . The President shall submit all information relating to the ministries and their areas of jurisdiction to the People’s Majlis for approval. (p) to hold public referendums on issues of national importance. medals and honorary titles. as provided by law. (u) to perform all other duties specifically authorized by this Constitution and by law. (t) to ensure that the security services comply with their obligations as provided in this Constitution. Government Ministries 116. to persons convicted of a criminal offence who have no further right of appeal.

business interests and all assets and liabilities. the President shall submit to the Auditor General a statement of all property and monies owned by him. buy or lease any property belonging to the State. Responsibilities of the Vice President 117. (b) The President. Resignation 121. (a) The President may resign from office by writing under his hand submitted to the Speaker of the People’s Majlis. and the Vice President. shall not use his position or any information entrusted to him by virtue of his office to improperly benefit himself or any other person. or any other income generating employment. Declaration of assets 120. be employed by any person. actively engage in a business or in the practice of any profession.and their areas of jurisdiction established in accordance with article (a). (a) The Vice President shall exercise such responsibilities and powers of the President as are delegated to him by the President. and the office shall become vacant when the resignation is received by the 42 . (a) The President and Vice President shall not hold any other public office or office of profit. Salary and allowances 118. or any person appointed or employed by him. (b) The Vice President shall perform the responsibilities of the President if the President is absent or temporarily unable to perform the responsibilities of office. Restrictions 119. Every year. or have a financial interest in any transaction between the State and any other party. The President and Vice President shall be paid such salary and allowances as determined by the People’s Majlis.

Temporary inability of the President to perform his responsibilities (a) In the event the President believes himself temporarily unable to perform the duties and responsibilities of office. he shall inform the Speaker of the People’s Majlis in writing specifying the reasons thereof and shall handover the duties and responsibilities of his office to the Vice President. and the office shall become vacant when the resignation is received by the President. The appointment shall be approved by the People’s Majlis. 123.Speaker. and until such time as the President is able to assume office. permanent incapacity. Vacancy of office of Vice President 122. The President shall resume the responsibilities of his office after informing the Speaker of the People’s Majlis in writing. the responsibilities of the office of the President shall temporarily be assumed by the Vice President. or succession to the office of the President. In the event of such an occurrence. the President shall appoint a new Vice President to serve the remainder of the term. and is not able to inform the Speaker of the People’s Majlis in writing due to the nature of the inability. (b) The Vice President may resign from office by writing under his hand submitted to the President. 43 . resignation. The President shall resume the responsibilities of his office after informing the Speaker of the People’s Majlis in writing. removal from office. (b) In the event the President is temporarily unable to perform the duties and responsibilities of office. the Vice President shall with the approval of the majority of the Cabinet do so. If the office of Vice President becomes vacant by reason of death.

a Presidential election shall be held within sixty days of both offices becoming vacant and appointments shall be made to both offices. the duties shall be carried out. resignation. until such time as a President and a Vice President shall be elected. in order of priority. (a) If any of the instances specified in Article 124 (b) of this Constitution occur and both the office of the President and the Vice President become vacant at the same time. leading to an incapacity to carry out the duties of the President. or by the Deputy Speaker of the People’s Majlis. the duties of both offices shall temporarily be carried out. in order of priority. (b) In the event of the occurrence of any permanent incapacity preventing the assumption of the office of President by the President elect and 44 . or by a member of the People’s Majlis elected by a resolution of the People’s Majlis. or by a member of the People’s Majlis elected by a resolution of the People’s Majlis. and both offices becoming vacant at the same time.Temporary incapacity to carry out duties 124. (a) In the event of the absence or temporary incapacity of both the President and the Vice President to carry out the duties of office of the President. (b) In the event of the permanent incapacity. until successors in office are chosen. (c) The qualifications of office for any person temporarily assuming the office of the President shall be the same as those for the President. Permanent incapacity to carry out duties Qualifications of person temporarily assuming office of President Presidential elections on the vacancy of the office of President and Vice President 125. by the Speaker of the People’s Majlis. removal or death of both the President or the Vice President. by the Speaker of the People’s Majlis. until the President or Vice President are able to resume the duties of office. or by the Deputy Speaker of the People’s Majlis.

persons elected to the office of the President or the Vice President shall only continue in office for the remainder of the ongoing presidential term. shall be entitled to the highest honour. the relevant oath of office set out in Schedule 1 of this Constitution.Vice President elect in the presidential elections. serving his term of office lawfully without committing any offence. protection. Immunity to a person who has served as the President 128. Oath of office by persons temporarily discharging the duties of the office of President and Vice President 126. However. Criminal accountability The President and the Vice President shall be answerable in law for any alleged criminal offence. financial privileges and other privileges entitled to a person who has served in the highest office of the land. the People’s Majlis may if it so sees fit. 127. Any person temporarily discharging the duties of the office of the President or Vice President shall take and subscribe before the Chief Justice or his designate. by resolution provide that such proceedings shall not be continued until after the expiration of the term of office. 45 . Such protection and privileges shall be specified in law. if any criminal proceedings are instituted against the President. (c) Where fresh presidential elections have to be held for any reason during the currency of an ongoing presidential term. presidential elections shall be held within sixty days of such occurrence and appointments shall be made to both offices. For the purposes of Article 107 of this Constitution they shall be dealt with as specified in article (c) of the said Article. A person who has served in the office of President. dignity. whether committed before or during his term of office.

the Ministers given responsibility for the different Ministries. . 2. Qualifications of Ministers 130.CHAPTER V THE CABINET OF MINISTERS Cabinet of Ministers 129. 46 4. with responsibility for the duties and functions assigned to them by the President. within seven days of making appointments to the Cabinet the names of the appointees to the Cabinet for approval of the People’s Majlis. 3. 5. is not a citizen of a foreign country. (a) A person shall be qualified to be a member of the Cabinet if he: 1. (a) There shall be a Cabinet of Ministers appointed by the President. (b) The Cabinet shall consist of the Vice President. is of sound mind. is a citizen of the Maldives. has attained the age of twenty-five years. (d) The President shall submit to the People’s Majlis. is a Muslim and a follower of a Sunni school of Islam. and the Attorney General. the President must receive the approval of the People’s Majlis for all appointments to the Cabinet. this Constitution and the law. (c) Except for the Vice President.

or has been convicted of a criminal offence and sentenced to a term of more than twelve months. and shall faithfully discharge the responsibilities assigned to them by the President. 2. before the Chief Justice or his designate. Responsibilities of the Cabinet 132. if he: 1. (d) to ensure good relations and smooth functioning 47 . unless a period of three years has elapsed since his release. review and coordinate the work of the Government. including the following: (a) to recommend to and assist the President in determining the general policies of the State. the oath of office of members of the Cabinet set out in Schedule 1 of this Constitution. in accordance with the Constitution and the law. (b) to advise and recommend draft bills and proposals to the President. Oath of office 131. and to supervise and implement those policies in all areas of government activity. or a member of the Cabinet immediately becomes disqualified. A member of the Cabinet shall assume office upon taking and subscribing. (c) to direct.(b) A person is disqualified from being a member of the Cabinet. to be prepared for submission to the People’s Majlis. The members of the Cabinet shall comply with all the provisions of the Constitution and the law. has a decreed debt which is not being paid as provided in the judgment. or pardon for the offence for which he was sentenced.

and defend public safety and the public interest. (g) to promote. (b) It is the duty of the Attorney General to advise the Government on all legal matters affecting the State.between the Government and other organs of the State in their areas of responsibility. protect and uphold the rule of law. who is also qualified to be a member of the Cabinet. The Attorney General’s duties include performance of all legal duties pertaining to his office. and the State shall be represented in all courts by the Attorney General or by a person delegated by him. Attorney General 133. and to direct. and discharge of all responsibilities required to be discharged by the Attorney General. (e) to prudently and carefully manage the assets of the State within their areas of responsibility. (a) The President shall appoint a person with distinguished education and experience in the legal field. (f) to recommend to and assist the President in formulating the general policies of the State in relation to national and international matters. (c) The Attorney General has the right of audience in all courts of the Maldives. as Attorney General. He shall be the legal advisor to the Government. review and coordinate the political. economic and social development of the Maldives. (h) to perform all other duties specifically authorized by the Constitution and by law. by the Constitution and by law. except for those matters deemed to be the 48 .

49 . the freedoms of the public and the public interest. the Attorney General shall be subject only to the Constitution and the law and shall not be subject to the control or direction of any person or authority. Accountability and responsibility of the Cabinet 134. (d) The Attorney General shall have authority. to appear as a friend of the court in any civil proceedings to which the Government is not a party. uphold and defend the rule of law. (e) The Attorney General shall promote. protect. where in the opinion of the Attorney General the interests of the State or the public interest dictate. (b) Members of the Cabinet shall regularly and fairly report to the President on all matters under their jurisdiction. (a) Members of the Cabinet are responsible individually and collectively to the President and also to the People’s Majlis in the manner specified by the Constitution for the proper exercise of the responsibilities and duties assigned to them. (f) In the exercise of his powers. with the leave of the court. and shall provide to the People’s Majlis information about matters under their jurisdiction when requested to do so.responsibility of the Prosecutor General in this Constitution. the public safety. (g) The Attorney General shall have power to issue general directives to the Prosecutor General on the conduct of criminal proceedings.

Dismissal 137. the President does not have the discretion to remove the Vice President from office. and the office shall become vacant when the resignation is received by the President. except for independent institutions specified in this Constitution 50 . or any other income generating employment. A member of the Cabinet shall be given responsibility for each authority or institute established by the Government or the People’s Majlis. Every member of the Cabinet shall annually submit to the Auditor General a statement of all property and monies owned by him. Restrictions 136. (a) The President may at his discretion remove any member of the Cabinet from office by writing under his hand addressed to such member. The members of the Cabinet shall be paid such salary and allowances as determined by the People’s Majlis. or have a financial interest in any transaction between the State and another party. buy or lease any property belonging to the State. (b) Despite the provisions of article (a). be employed by any person.Salary and allowances 135. A minister to be responsible for each government authority 140. Declaration of assets 138. actively engage in a business or in the practice of any profession. business interests and all assets and liabilities. Resignation 139. (a) A member of the Cabinet shall not hold any other public office or office of profit. (b) A member of the Cabinet shall not use his position or any information entrusted to him by virtue of his office to improperly benefit himself or any other person. A member of the Cabinet may resign from office by writing under his hand submitted to the President.

impartiality. or any other persons. The Chief Justice shall be the highest authority on the Supreme Court. All matters adjudicated before the Supreme Court shall be decided upon by a majority of the judges sitting together in session. (c) No officials performing public functions. (a) The judicial power is vested in the Supreme Court. 51 . shall interfere with and influence the functions of the courts. (b) The Supreme Court shall be the highest authority for the administration of justice in the Maldives. and such Trial Courts as established by law.or established pursuant to law. through legislative and other measures. Such member of the Cabinet must take responsibility for the operation of such authority or institution and must be accountable for it. accessibility and effectiveness of the courts. must assist and protect the courts to ensure the independence. the High Court. (d) Persons or bodies performing public functions. CHAPTER VI THE JUDICIARY Judiciary 141. dignity. eminence.

Judges must consider Islamic Shari’ah. and this shall not be deemed contrary to article (a). all courts have jurisdiction to determine matters concerning the interpretation and application of any provision of the Constitution. Jurisdiction of the courts 143. Judges must apply the Constitution and the law impartially and without fear. When deciding a constitutional matter within its jurisdiction. a court: (a) may declare that any statute. favour or prejudice.Compliance with law 142. (b) In any matter before them. When deciding matters on which the Constitution or the law is silent. (c) Every court has jurisdiction to overturn the decision of a lower court. decision or action of any person or body performing a public function that is inconsistent with the Constitution is invalid to the extent of the inconsistency. In the performance of their judicial functions. and (b) may in connection with a declaration pursuant to article (b) make any order that is just and equitable. The Judges are independent. and subject only to the Constitution and the law. regulation or part thereof. including: 52 . order. (a) The Supreme Court and the High Court shall have jurisdiction to enquire into and rule on the constitutional validity of any statute or part thereof enacted by the People’s Majlis. (d) Lower courts shall follow the decisions of a higher court. Powers in constitutional matters 144.

regulation or action that is inconsistent with the Constitution. (b) Matters shall be disposed of in the Supreme Court by an uneven number of Judges sitting together in session. regulation or part thereof. The Supreme Court shall consist of an uneven number of Judges. regulation or action due to inconsistency with the Constitution) for any period and on any conditions. an order suspending the declaration of invalidity (of a statute. an order providing just compensation for any damage sustained by any person or group of persons due to any statute. to allow the competent authority to correct the defect: (c) may make an order limiting the retrospective effect of a declaration of invalidity of a statute.1. (a) The Supreme Court shall consist of the Chief Justice and such number of Judges as provided by law. order. 53 . decision or action of any person or body performing a public function that is inconsistent with the Constitution. Supreme Court 145. or 2.

the law. High Court 146. The President as the Head of State shall appoint the Chief Justice.(c) The Supreme Court shall be the final authority on the interpretation of the Constitution. (d) Notwithstanding article (c). Appointment of Judges (a) The President as the Head of State shall appoint the Judges of the Supreme Court. (c) Judges shall be appointed without term. There shall be a Chief Justice of the Maldives. or any other matter dealt with by a court of law. (b) All other Judges shall be appointed by the Judicial Service Commission. 148. (b) Matters shall be disposed of in the High Court by an uneven number of Judges sitting together in session. but shall retire at the age of seventy years. (a) The High Court shall consist of such number of Judges as provided by law. as specified in the terms of their appointment. Appointment of the Chief Justice 147. to be established in accordance with the provisions of this Constitution. Judges may be appointed for a fixed term of not more than five years. for a period of fifteen years from the commencement of the Constitution. 54 . after consulting the Judicial Service Commission and confirmation of the appointees by a majority of the members of the People’s Majlis present and voting. after consulting the Judicial Service Commission and confirmation of the appointee by a majority of the members of the People’s Majlis present and voting.

(b) In addition to the qualifications specified in article (a). and must be of high moral character. criminal breach of trust. and must be educated in Islamic Shari’ah or law. be of sound mind. be twenty-five years of age. Oath of office of Judges 150. must possess the educational qualifications. 55 . 3. experience and recognized competence necessary to discharge the duties and responsibilities of a Judge. a Judge shall possess the following qualifications:1. or bribery. possess at least seven years experience as a Judge or practicing lawyer or both as a Judge and a practicing lawyer. (c) A person appointed to be a Judge of the Supreme Court.Qualifications of Judges 149. has not been convicted of an offence for which a hadd is prescribed in Islam. 4. Every Judge shall take and subscribe the oath of office of Judges set out in Schedule 1 of this Constitution before assuming office. 2. shall be at least thirty years of age. be a Muslim and a follower of a Sunni school of Islam. (d) The People’s Majlis shall pass a statute relating to Judges. (a) A person appointed as a Judge in accordance with law.

156. Power to determine the jurisdiction of courts and to enact administrative laws relating to the courts 155. the trial and appellate jurisdiction of the courts and trial procedures. The People’s Majlis shall have authority to pass laws concerning the administration of the courts. 56 . Declaration of assets 153. (a) A Judge shall not be removed from office during good behavior and compliance with judicial ethics. Judges shall be paid such salary and allowances in keeping with the stature of their office as determined by the People’s Majlis. A Judge shall perform other work only in accordance with and as specified by the statute relating to Judges. Tenure and removal 154. business interests and all assets and liabilities. in accordance with law and the interests of justice. Every Judge shall annually submit to the Judicial Service Commission a statement of all property and monies owned by him.Full time performance 151. and submits to the People’s Majlis a resolution supporting the removal of the Judge. or that the Judge is guilty of gross misconduct. Every Judge shall devote his full time to the performance of the responsibilities of a Judge. (b) A Judge may be removed from office only if the Judicial Service Commission finds that the person is grossly incompetent. Salary and allowances 152. which is passed by a twothirds majority of the members of the People’s Majlis present and voting. The courts have the inherent power to protect and Administration of the courts regulate their own process.

(c) The Judicial Service Commission shall function as provided by the statute governing the Judicial Service Commission. Such statute shall specify the responsibilities. (a) There shall be a Judicial Service Commission of the Maldives.CHAPTER VII INDEPENDENT COMMISSIONS AND OFFICES JUDICIAL SERVICE COMMISSION Judicial Service Commission 157. elected by the Judges of the Supreme Court. powers. and ethical standards of members. Composition of the Judicial Service Commission 158. mandate. qualifications. The jurisdiction of the Judicial Service Commission shall extend to all members of the Judiciary and such other persons as designated by the People’s Majlis. It shall perform its duties and responsibilities in accordance with the Constitution and any laws enacted by the People’s Majlis. 57 . (b) a Judge of the Supreme Court other than the Chief Justice. (b) The Judicial Service Commission is an independent and impartial institution. The Judicial Service Commission shall consist of: (a) the Speaker of the People’s Majlis.

(d) a Judge of the Trial Courts. (h) a person appointed by the President. (e) a member of the People’s Majlis appointed by it. 58 . and to take disciplinary action against them. (f) a member of the general public appointed by the People’s Majlis. The Judicial Service Commission is entrusted with the responsibility and power: (a) to appoint. (j) a lawyer elected from among the lawyers licensed to practise in the Maldives by themselves.(c) a Judge of the High Court. promote and transfer Judges other than the Chief Justice and Judges of the Supreme Court. elected by the Judges of the Trial Court. (i) the Attorney General. elected by the Judges of the High Court. (g) the Chair of the Civil Service Commission. and to make recommendations to the President on the appointment of the Chief Justice and Judges of the Supreme Court. Responsibilities and powers 159. including recommendations for dismissal. (b) to investigate complaints about the Judiciary.

(d). or (i) remains a member of the Judicial Service Commission only as long as that office is held. regarding schemes for recruitment and procedures for the appointment of Judges. ethical standards of Judges. 161. providing for such matters as are necessary or expedient for the exercise. 59 . (c). (g). Constituting the Judicial Service Commission 160. (d) to advise the President and the People’s Majlis on any other matter relating to the Judiciary or the administration of justice.(c) to make rules: 1. holds office for a term of five years and is not eligible for reappointment. performance and discharge of the duties and responsibilities of the Commission. (e) to exercise such additional powers and functions prescribed by this Constitution or by law. 2. 3. (e). (h) or (j). Term of office of members of the Judicial Service Commission A member of the Judicial Service Commission: (a) appointed pursuant to Article 158 (b). (b) appointed by virtue of the office he held pursuant to Article 158 (a). The President as Head of the State shall constitute the Judicial Service Commission as specified in this Chapter. (f).

A member of the Judicial Service Commission may resign from office by writing under his hand addressed to the President.Resignation from membership of the Judicial Service Commission 162. 163. (c). and the office shall become vacant when the resignation is received by the President. the Judiciary. Salary and allowances 164. (f). (g). or the People’s Majlis shall be paid such salary and allowances as may be determined by the People’s Majlis. (d). Every member of the Judicial Service Commission shall take and subscribe the oath of office of members of the Judicial Service Commission set out in Schedule 1 of this Constitution before assuming office. may be removed from office by the appointor. (g). or (i) shall be removed from membership of the Judicial Service Commission upon vacation of the office he holds. (h) or (j). 60 . Removal from office 165. and any decision of the Judicial Service Commission shall be taken by a majority of votes of the members present and voting. Members of the Judicial Service Commission appointed by virtue of the office held pursuant to Articles 158 (a). A member of the Judicial Service Commission who is not a member of the Executive. Oath of office 166. A member appointed under Articles 158 (a). A majority of the members shall constitute a quorum at Quorum and voting a meeting of the Judicial Service Commission. or (i) may not resign pursuant to this Article. (e). A member of the Judicial Service Commission appointed pursuant to Article 158 (b).

mandate. and ethical standards of members. Appointment and composition of the Elections Commission 168. Members of the Elections Commission shall not engage in any other employment. (b) The Elections Commission is an independent and impartial institution. a person shall possess the educational qualifications. Qualifications 169. (a) There shall be an Elections Commission of the Maldives.ELECTIONS COMMISSION Elections Commission 167. Such statute shall specify the responsibilities. 61 . It shall exercise its duties and responsibilities in accordance with the Constitution and laws enacted by the People’s Majlis. experience and recognized competence necessary to discharge the functions of the Elections Commission. (c) The Elections Commission shall function as provided by the statute governing the Elections Commission. To be qualified for appointment to the Elections Commission. powers. (a) The Elections Commission shall comprise of at least five members including the Chairman of the Commission. qualifications. (b) The President shall appoint to the Elections Commission those persons approved by a majority of the People’s Majlis from the names submitted to the People’s Majlis as provided for in the statute governing the Elections Commission.

The Elections Commission’s powers include the following: responsibilities and (a) to conduct. (c) to hold and declare the results of those elections and public referendums within periods prescribed by law. aggression. supervise. to revise it at such periods as shall be determined by law and to provide for publication of the register in the Government Gazette. (b) to prepare. (e) to fix. and to ensure that all elections and public referendums are conducted freely and fairly. maintain. (g) to educate and create awareness among the general public on the electoral process and its purpose. 62 . and facilitate all elections and public referendums. (f) to register political parties. and to perform those actions relating to political parties as specified by law. without intimidation. (d) to compile the register of voters in each constituency. undue influence or corruption. manage. and update electoral rolls. to ensure the proper exercise of the right to vote. vary. demarcate and continuously review the boundaries and names of constituencies or voting units in all elections in accordance with principles specified by law and to provide for publication of any amendments in the Government Gazette. and to make all arrangements for holding elections and public referendums.Responsibilities and powers 170.

(a) Voting in all public elections or public referendums conducted by the Elections Commission. count at that polling station the ballot papers of that station. A member of the Elections Commission shall be appointed for one term of five years. in the presence of such candidates or their representatives if present. A member of the Elections Commission may resign from office by writing under his hand addressed to the President. (b) Immediately after the close of the polls. or may challenge the results of an election. and record and publicly declare the votes cast in favour of each candidate or question in a public referendum. (b) The manner for dealing with any challenge submitted pursuant to article (a) shall be provided for in a statute on elections. Elections petitions 172. 63 .(h) to perform such additional functions as may be prescribed by law. shall be by secret ballot. or contest the legality of any other matter related to an election. the presiding officer who is appointed by the Elections Commission shall. and the office shall become vacant when the resignation is received by the President. Voting and recording of results 171. Term of office of members of the Elections Commission 173. and any other persons authorized by law to be present. by means of an election petition presented to the High Court. Resignation from membership of the Elections Commission 174. The People’s Majlis can approve the renewal of the appointment for an additional term of not more than five years. (a) A person may challenge a decision of the Elections Commission concerning an election or a public referendum.

64 . incapacity or incompetence. and in the manner specified in article (b): (a) on the ground of misconduct. The members of the Elections Commission shall be paid such salary and allowances as determined by the People’s Majlis. Salary and allowances 176. Oath of office 178. Removal from office 177. such member shall be deemed removed from office. and upon the approval of such finding by the People’s Majlis by a majority of those present and voting. Every member of the Elections Commission shall take and subscribe the oath of office of members of the Elections Commission set out in Schedule 1 of this Constitution before assuming office. A member of the Elections Commission shall be removed from office only for the reasons specified in article (a). and (b) a finding to that effect by a committee of the People’s Majlis pursuant to article (a). A majority of the members of the Elections Commission shall constitute a quorum at a meeting of the Elections Commission.Quorum and voting 175. calling for the member’s removal from office. and any decision of the Elections Commission shall be taken by a majority of votes of the members present and voting.

(c) The Civil Service Commission shall function as provided by the statute governing the Civil Service Commission. (b) The President shall appoint to the Civil Service Commission those persons approved by a majority of the members of the People’s Majlis present and voting. mandate. (b) The Civil Service Commission is an independent and impartial institution. (a) There shall be a Civil Service Commission of the Maldives. Members of the Civil Service Commission 65 . powers.CIVIL SERVICE COMMISSION Civil Service Commission 179. To be qualified for appointment to the Civil Service Commission. Qualifications 181. and ethical standards of members. It shall perform its duties and responsibilities in accordance with the Constitution and any laws enacted by the People’s Majlis. experience and recognized competence necessary to discharge the functions of the Civil Service Commission. Such statute shall specify the responsibilities. a person shall possess the educational qualifications. Appointment and composition of the Civil Service Commission 180. (a) The Civil Service Commission shall comprise of at least five members including the Chairman of the Commission. qualifications. from the names submitted to the People’s Majlis as provided for in the statute governing the Civil Service Commission. The Civil Service Commission shall strive to achieve and maintain an effective and efficient civil service with high standards of professional ethics.

6. transfers. to report to the Executive and to the People’s Majlis on its activities and the performance of its functions. including personnel policies. appoint. findings. to establish personnel procedures relating to recruitment. directions and advice it may give. 2. as defined by law. to exercise or perform such additional powers and responsibilities prescribed by law. to formulate measures to ensure effective and efficient performance within the Civil Service. promote.shall not engage in any other employment. promotions and dismissals. appointments. including the 66 . and an evaluation of the extent to which the values and principles set out in article (b) are complied with. 5. Responsibilities and powers 182. (a) The Civil Service Commission’s responsibilities and powers include the following: 1. 4. (b) In carrying out its powers and functions. 3. the Civil Service Commission shall be governed by democratic values and principles. transfer and dismiss the members of the Civil Service. to establish uniform standards of organization and administration within the Civil Service. to recruit.

equitably and without prejudice. 2. 6. the needs of the public shall be responded to. the accountability of the Civil Service to all branches of the State and to the public. 7. no member of the Civil Service may be favoured or prejudiced only because of support for or opposition to a particular political party or cause. 9. accessible and accurate information. analysis of determined principles and fairness. a high standard of professional ethics shall be promoted and maintained. transparency shall be fostered by providing the public with timely. 67 . 5.following: 1. and the public shall be encouraged to participate in policy-making. 3. employment and personnel management practices shall be based on ability. fairly. efficient. good human-resource management and career-development practices to maximise human potential shall be cultivated. economic and effective use of resources shall be promoted. 4. 8. services shall be provided impartially.

incapacity or incompetence. A member of the Civil Service Commission shall be appointed for one term of five years. 187. and the office shall become vacant when the resignation is received by the President. A member of the Civil Service Commission may resign from office by writing under his hand addressed to the President. A majority of the members of the Civil Service Quorum and voting Commission shall constitute a quorum at a meeting of the Civil Service Commission. Removal from office A member of the Civil Service Commission shall be removed from office only for the reasons specified in article (a). Term of office of members of the Civil Service Commission 183.10. 185. The People’s Majlis can approve the renewal of the appointment for an additional term of not more than five years. no member of the Civil Service shall use his position or any information entrusted to him to improperly benefit himself or any other person. and in the manner specified in article (b): (a) on the ground of misconduct. and 68 . Resignation from membership of the Civil Service Commission 184. The members of the Civil Service Commission shall be paid such salary and allowances as may be determined by the People’s Majlis. and any decision of the Civil Service Commission shall be taken by a majority of votes of the members present and voting. Salary and allowances 186.

Appointment and composition of the Human Rights Commission 190. Oath of office 188. HUMAN RIGHTS COMMISSION 189. (a) The Human Rights Commission shall comprise of at least five members including the Chairman of the Commission. qualifications. (c) The Human Rights Commission shall function as provided by the statute governing the Human Rights Commission. mandate. (b) The Human Rights Commission is an independent and impartial institution. Every member of the Civil Service Commission shall take and subscribe the oath of office of members of the Civil Service Commission set out in Schedule 1 before assuming office. It shall promote respect for human rights impartially without favour and prejudice. such member shall be deemed removed from office. Human Rights Commission (a) There shall be a Human Rights Commission of the Maldives. Such statute shall specify the responsibilities. and upon the approval of such finding by the People’s Majlis by a majority of those present and voting.(b) a finding to that effect by a committee of the People’s Majlis pursuant to article (a). and ethical standards of members. powers. 69 . calling for the member’s removal from office.

Members of the Elections Commission shall not engage in any other employment. Qualifications 191. to promote the protection. to monitor and assess the observance of human rights. to investigate and to report observance of human rights. 70 . 2. (b) The Human Rights Commission shall have the following functions and powers.(b) The President shall appoint to the Human Rights Commission those persons approved by a majority of the members of the People’s Majlis from the names submitted to the People’s Majlis as provided for in the statute governing the Human Rights Commission. 3. to take steps to secure appropriate redress where human rights have been violated. To be qualified for appointment to the Human Rights Commission. to promote respect for human rights. experience and recognized competence necessary to discharge the functions of the Human Rights Commission. Responsibilities and powers 192. (a) The Human Rights Commission’s responsibilities and powers shall include the following: 1. on the 2. a person shall possess the educational qualifications. as regulated by law: 1. development and attainment of human rights.

A majority of the members of the Human Rights Quorum and voting Commission shall constitute a quorum at a meeting of the Human Rights Commission. Salary and allowances 196. and upon the approval of such finding by the People’s Majlis by a majority of those present and voting. The members of the Human Rights Commission shall be paid such salary and allowances as determined by the People’s Majlis. A member of the Human Rights Commission shall be appointed for one term of five years.3. The People’s Majlis can approve the renewal of the appointment for an additional term of not more than five years. and any decision of the Human Rights Commission shall be taken by a majority of votes of the members present and voting. calling for the member’s removal 71 . A member of the Human Rights Commission may Resignation from membership of the Human Rights Commission resign from office by writing under his hand addressed to the President. to carry out research. and the office shall become vacant when the resignation is received by the President. to exercise such additional powers and functions prescribed by law. 195. incapacity or incompetence. and (b) a finding to that effect by a committee of the People’s Majlis pursuant to article (a). Term of office of members of the Human Rights Commission 193. and to educate the public. 4. 197. Removal from office A member of the Human Rights Commission shall be removed from office only for the reasons specified in article (a) and in the manner specified in article (b): (a) on the ground of misconduct. 194.

Such statute shall specify the responsibilities. Appointment and composition of the Anti-Corruption Commission 200. (d) The statute governing the Anti-Corruption Commission shall provide a definition of corruption.from office. and ethical standards of members. (a) There shall be an Anti-Corruption Commission of the Maldives. mandate. qualifications. 72 . The AntiCorruption Commission shall work to prevent and combat corruption within all activities of the State without fear. (b) The Anti-Corruption Commission is an independent and impartial institution. (c) The Anti-Corruption Commission shall function as provided for by the statute governing the Anti-Corruption Commission. Oath of office 198. It shall perform its duties and responsibilities in accordance with the Constitution and any laws enacted by the People’s Majlis. such member shall be deemed removed from office. ANTI-CORRUPTION COMMISSION Anti-Corruption Commission 199. Every member of the Human Rights Commission shall take and subscribe the oath of office of members of the Human Rights Commission set out in Schedule 1 of this Constitution before assuming office. (a) The Anti-Corruption Commission shall comprise of at least five members including the Chairman of the Commission. powers.

from the names submitted to the People’s Majlis as provided for in the statute governing the Anti-Corruption Commission. Responsibilities and powers 202. information. any complaints. Members of the AntiCorruption Commission shall not engage in any other employment. (b) to recommend further inquiries and investigations by other investigatory bodies. or suspicion of corruption must be investigated. Qualifications 201. To be qualified for appointment to the Anti-Corruption Commission. The Anti-Corruption Commission’s responsibilities and powers include the following: (a) to inquire into and investigate all allegations of corruption. experience and recognized competence necessary to discharge the functions of the AntiCorruption Commission. where warranted. (d) to promote the values of honesty and integrity in the operations of the State. a person shall possess the educational qualifications. (c) to carry out research on the prevention of corruption and to submit recommendations for improvement to relevant authorities regarding actions to be taken. 73 . and to recommend prosecution of alleged offences to the Prosecutor General. and to promote public awareness of the dangers of corruption.(b) The President shall appoint to the AntiCorruption Commission those persons approved by a majority of the members of the People’s Majlis present and voting.

A member of the Anti-Corruption Commission shall be Removal from office removed from office only for the reasons specified in article (a) and in the manner specified in article (b): (a) on the ground of misconduct. and any decision of the Anti-Corruption Commission shall be taken by a majority of votes of the members present and voting. and the office shall become vacant when the resignation is received by the President. incapacity or incompetence. A majority of the members of the Anti-Corruption Quorum and voting Commission shall constitute a quorum at a meeting of the Anti-Corruption Commission. 205. and (b) a finding to that effect by a committee of the People’s Majlis pursuant to article (a). Term of office of members of the Anti-Corruption Commission 203. and upon the approval of such finding by the People’s Majlis by a majority of those present and voting. A member of the Anti-Corruption Commission shall be appointed for one term of five years. The members of the Anti-Corruption Commission shall be paid such salary and allowances as determined by the People’s Majlis. 74 . Salary and allowances 206.(e) to perform any additional duties or functions specifically provided by law for the prevention of corruption. such member shall be deemed removed from office. Resignation from the Anti-Corruption Commission 204. The People’s Majlis can approve the renewal of the appointment for an additional term of not more than five years. 207. calling for the member’s removal from office. A member of the Anti-Corruption Commission may resign from office by writing under his hand addressed to the President.

The Auditor General’s responsibilities and powers include the following:75 . (b) The Auditor General shall carry out his responsibilities and duties in accordance with the Constitution and any laws passed by the People’s Majlis. and ethical standards of the Auditor General. a person shall possess the educational qualifications. (b) A statute shall specify the responsibilities. Qualifications of Auditor General (a) To be qualified for appointment as Auditor General. Appointment of Auditor General 210. (a) There shall be an independent and impartial Auditor General of the Maldives. Every member of the Anti-Corruption Commission shall take and subscribe the oath of office of members of the Anti-Corruption Commission set out in Schedule 1 of this Constitution before assuming office. experience and recognized competence necessary to discharge the responsibilities of the Auditor General. The President shall appoint as Auditor General a person approved by a majority of the total membership of the People’s Majlis from the names submitted to the People’s Majlis as provided for in law. qualifications. The Auditor General shall not engage in any other employment. 211. mandate. Responsibilities and powers 212. powers. AUDITOR GENERAL Auditor General 209.Oath of office 208.

4. 76 . all Government ministries. all offices and organisations operating under the judicial authority. (b) in addition to the institutions specified in article (a) any other institution or organisation required by law to be audited by the Auditor General. all offices and organisations operating under the legislative authority. in which shares are owned by the State.(a) audit. other government agencies and offices. the Auditor General may audit. 5. 2. any business entity. departments operating under Government ministries. financial statements and financial management and prepare and publish reports on: 1. the accounts. any institution primarily funded by the State. 2. 3. financial statements and financial management of: 1. 6. Independent Commissions and Independent Offices established in accordance with the Constitution and law. and all offices operating under the same. (c) Subject to law. report on and publish the accounts.

and (b) a finding to that effect by a committee of the People’s Majlis. The Auditor General shall submit audit reports and an annual report to the President and the People’s Majlis. Resignation of Auditor General 216. the Auditor General shall be deemed removed from office. and the office shall become vacant when the resignation is received by the President. The Auditor General may resign from office by writing under his hand addressed to the President. Audit of the Auditor General’s office 214. incapacity or incompetence. Salary and allowances The Auditor General shall be paid such salary and allowances as determined by the People’s Majlis. and to any other authority prescribed by law. pursuant to article (a) and upon the approval of such finding by the People’s Majlis by a majority of those present and voting. Oath of office 219. The appointment may be renewed for an additional term of not more than five years in accordance with the statute relating to the Auditor General. by a resolution passed by a majority of the total membership of the People’s Majlis. 217. 215. Removal from office 218.Reporting 213. The Auditor General shall take and subscribe the oath 77 . The Auditor General shall be removed from office only for the reasons specified in article (a) and in the manner specified in article (b): (a) on the ground of misconduct. The office of the Auditor General shall be audited as specified in law. Term of office of the Auditor General The Auditor General shall be appointed for one term of seven years. calling for the Auditor General’s removal from office.

experience and recognized competence necessary to discharge the responsibilities of the Prosecutor General. and on the basis of fairness. (c) The Prosecutor General is independent and impartial. Qualifications of Prosecutor General a person shall possess the educational qualifications. (b) The Prosecutor General shall carry out his responsibilities and duties in accordance with the Constitution and any laws passed by the People’s Majlis. Appointment of Prosecutor General 221. subject only to the general policy directives of the Attorney General. 222.of office of the Auditor General set out in Schedule 1 of this Constitution before assuming office. The President shall appoint as Prosecutor General a person approved by a majority of the total membership of the People’s Majlis from the names submitted to the People’s Majlis as provided for in law. (a) There shall be an independent and impartial Prosecutor General of the Maldives. The Prosecutor General shall not engage in any other employment. 78 . and he shall not be under the direction or control of any person or authority in carrying out his responsibilities and the exercise of his powers. To be qualified for appointment as Prosecutor General. and accountability. PROSECUTOR GENERAL Prosecutor General 220. transparency. He shall carry out his responsibilities and exercise his powers without fear. favour or prejudice.

review and continue any criminal proceedings instituted by any prosecuting body authorized to initiate prosecutions pursuant to a law enacted by the People’s Majlis. and at his discretion to discontinue any criminal proceedings at any stage prior to judgment.Responsibilities and powers of the Prosecutor General 223. (h) to review or revert any decision to prosecute or not to prosecute any alleged offender. (c) to institute and conduct criminal proceedings against any person before any court in respect of any alleged offence. (f) to order any investigation that he deems desirable into complaints of criminal activity or into any other criminal activity of which he becomes aware. or to discontinue any prosecution. (d) to oversee the legality of preliminary inquiries and investigations into alleged criminal activity. 79 . (g) to take over. The Prosecutor General’s responsibilities and powers include the following:(a) to supervise the prosecution of all criminal offences in the Maldives. detained or otherwise deprived of freedom prior to trial. (e) to monitor and review the circumstances and conditions under which any person is arrested. (b) to consider and assess evidence presented by investigating bodies to determine whether charges should be pursued.

(i) to appeal any judgment. 225. 227. and the office shall become vacant when the resignation is received by the President. verdict or decision in a criminal matter. to any person working under his mandate or to any other person. The People’s Majlis can approve the renewal of the appointment for an additional term of not more than five years in accordance with the statute relating to the Prosecutor General. the law. (k) to uphold the constitutional order. and 80 . The Prosecutor General shall be appointed for one term Term of office of the Prosecutor General of five years. The Prosecutor General shall be paid such salary and Salary and allowances allowances as determined by the People’s Majlis. The Prosecutor General may resign from office by Resignation of Prosecutor General writing under his hand addressed to the President. 226. 228. (j) to issue policy directives which shall be observed in the entire prosecutorial process. incapacity or incompetence. Acting through agents 224. and the rights and freedoms of all citizens. The Prosecutor General shall be removed from office Removal from office only for the reasons specified in article (a) and in the manner specified in article (b): (a) on the ground of misconduct. The responsibilities and powers of the Prosecutor General may be assigned with his express instructions.

Oath of office 229. posts and councils created to provide for decentralised administration shall be specified in law. (b) In order to provide for decentralised administration. (a) The administrative divisions of the Maldives shall be administered decentrally. the President has the power. as provided in law. atoll councils and city councils. pursuant to article (a) and upon the approval of such finding by the People’s Majlis by a majority of those present and voting. to create constituencies. posts.(b) a finding to that effect by a committee of the People’s Majlis. calling for the Prosecutor General’s removal from office. CHAPTER VIII DECENTRALISED ADMINISTRATION Decentralised administration 230. 81 . the Prosecutor General shall be deemed removed from office. The Prosecutor General shall take and subscribe the oath of office of the Prosecutor General set out in Schedule 1 of this Constitution before assuming office. island councils. (c) The jurisdiction and characteristics of constituencies.

The responsibilities of councils elected to provide for decentralised administration shall include: (a) to provide governance. Responsibilities 232. (e) The elections of councils created for decentralised administration shall be conducted by the Elections Commission. healthy and ecologically diverse environment. (b) The President and the Vice President of the councils elected to administer the administrative divisions shall be elected from among the members of each council by secret ballot of the members. (d) to achieve such other objects as prescribed by law. democratic and accountable (b) to foster the social and economic well-being and development of the community. (a) All members of councils created for decentralised administration shall be democratically elected by secret ballot by their respective communities. (d) The People’s Majlis shall enact a statute governing the election of members of councils created for decentralised administration.Election of Councils 231. (c) to establish a safe. 82 . (c) The term of councils elected to administer the constituencies shall not exceed three years.

is established to enable all persons in the Maldives to live in peace. The security services shall protect the nation’s sovereignty. to raise funds. CHAPTER IX SECURITY SERVICES Security services 236. consisting of the Military Service and the Police Service. maintain and enforce law and order. and shall also have authority. The President shall ensure that these obligations of the security services are complied with. subject to any limitations prescribed by statute. 83 .Authority to enact subordinate legislation 233. Responsibilities and duties 237. security and freedom. Local authorities shall be empowered to own property and to incur liabilities. The actions of the security services must be exercised in accordance with the Constitution and the law. and operate on the basis of accountability. The Maldivian security services. 234. maintain its territorial integrity defend the constitution and democratic institutions. Ownership of property and liability for debts 235. A bylaw or decision of a local authority shall be subject to Acts or Regulation of the People’s Majlis. in accordance with statute. Constitutional limitations 238. and render assistance in emergencies. Local authorities shall be provided with an annual Finance budget from the Treasury as provided in law.

Authority of the People’s Majlis over the security services

239. (a) The People’s Majlis shall enact a statute on the

organization of and the principles pursuant to which each security service shall operate. (b) The security services shall be subject to the authority of the People’s Majlis.

Separate services

240. The security services shall be organized as two separate

services, and shall operate independently of each other.
Multiparty committee of the People’s Majlis

241. A committee of the People’s Majlis shall be established

to exercise continuing oversight of the operations of the security services. The committee shall include representation from all the different political parties within the People’s Majlis.
242. Each security service shall be under the responsibility

Ministerial Responsibility

of a Minister, who shall be answerable for its operations to the President and to the People’s Majlis.
243.

Military Service

(a) The primary object of the Military Service is to defend and protect the Republic, its territorial integrity, its Exclusive Economic Zone and the people. (b) If the President, as Commander in Chief, authorizes or orders the employment of the Military Service in defence of the Republic or as part of an international undertaking, the President shall without delay submit the authorization to the People’s Majlis. The People’s Majlis may at any time approve the authorization, or revoke the authorization.

Police Service

244. The primary objects of the Police Service are:

(a) to maintain public order and safety;

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(b) to protect and secure all people in the Maldives, and their property; (c) to investigate crime, conservation of evidence and prepare cases for disposition by the courts; and (d) to uphold the law.

Illegal orders and non-compliance

245. No person shall give an illegal order to a member of the

security services. Members of the security services shall not obey a manifestly illegal order.
246.

Equal treatment

(a) Members of the security services shall treat all persons and groups equally without any discrimination, and with humanity and dignity in accordance with the decorous principles of Islam. (b) Members of the security services shall not engage in partisan political activity of any nature, and shall not affiliate themselves with any trade union or political party.

CHAPTER X PROPERTY, LIABILITIES AND LEGAL ACTIONS OF THE STATE

Property and assets owned and acquired by the State

247.

(a) All property, assets and monies which at the commencement of this Constitution were vested in the State shall continue to vest in the State.

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(b) All property, assets and monies acquired for, or received by the State shall vest in the State.
Land, sea and naturally occurring valuable resources

248.

(a) The land, sea, and seabed, including all fish within the territory of the Maldives, and all naturally occurring resources, including metallic ores, petroleum and gas, shall vest in the State. (b) All living, non-living and naturally occurring resources of value within the Exclusive Economic Zone of the Maldives and the seabed shall vest in the State.

Ownerless property

249.

(a) Any property found within the territory of the Maldives and any property occurring in the seabed or found drifting in the sea, save those naturally occurring or formed in the sea, without a rightful owner, shall vest in the State. (b) All property such as gold, silver, other precious metals, jewellery, money and items of historical interest, excavated within the territory of the Maldives without a rightful owner, shall vest in the State.

Transactions relating to State property

250.

(a) Any transfer, sale, lease, release, mortgage (to any person) or destruction of, any property or assets owned by the State, and any such other agreement, shall only be entered into in accordance with law. (b) Money, property or any other thing kept as a reserve in the State Treasury shall be used only after approval by a resolution passed by a twothirds majority of the total membership of the People’s Majlis.

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87 . dangerous epidemic disease. Except where specified in this Constitution as the responsibility of another party. war. and may defend any action against the State. (a) No foreign party. or threatened foreign aggression. in any court of the Maldives. (c) No part of the territory of the Maldives shall be used for foreign military purposes without the approval of the majority of the total membership of the People’s Majlis. shall own or be given ownership of any part of the territory of the Maldives. or in any other place. threat to national security. In the event of natural disaster. any part of the territory of the Maldives for a period exceeding ninety nine years. in any foreign court.Prohibition of foreign ownership and foreign military purposes 251. CHAPTER XI STATE OF EMERGENCY Declaration of a state of emergency 253. (b) A foreign party shall not receive a lease of. Legal actions in the name of the State 252. or be given in any other way. the President may declare a state of emergency in all or part of the country for a period not exceeding thirty days. the Executive may sue or be sued on behalf of the State.

The declaration of a state of emergency shall specify the reasons for the declaration of an emergency. 7. Article 28 (freedom of the media). 4. Article 51 (rights of the accused). and include measures to deal with the emergency. Limitations of the declaration (a) Measures adopted in an emergency shall not contravene this Article. Article 42 (fair and transparent hearings). 2. (b) Measures adopted in an emergency shall not restrict the following rights and freedoms contained in the following Articles of this Constitution: 1. 3. 5.Content of the declaration 254. Article 27 (freedom of expression). 88 . Article 25 (no slavery or forced labour). 255. which may include the temporary suspension of the operation of laws and infringement of certain fundamental rights and freedoms guaranteed by this Constitution in Chapter 2. 6. Article 48 (b) (rights on arrest or detention). Article 21 (right to life).

12. (c) Any infringement of rights and freedoms under this Constitution and the law shall be only to the extent strictly required by the emergency. 16. Article 55 (no imprisonment for nonfulfilment of contractual obligation). (confessions and illegal 9. Article 59 (retrospective legislation). Article 53 (assistance of legal counsel). 13. Article 54 (no degrading treatment or torture). 14. 10. (prohibition of double 15. (d) Measures adopted in an emergency shall be consistent with the obligations of the Maldives under international law applicable to states of emergency. 11. Article 60 jeopardy). Article 52 evidence). Article 64 (non-compliance with unlawful orders). 89 . Article 62 (retention of other rights). Article 57 (humane treatment of arrested or detained persons).8.

approve the declaration in whole or in part. extend the operation of the declaration for periods not exceeding thirty days at a time. inclusive of holidays.Publication 256. (a) The declaration of a state of emergency shall be submitted to the People’s Majlis within forty eight hours. Submission of declaration to the Peoples Majlis 257. he shall submit the extension to the People’s Majlis prior to the expiry of the state of emergency. it shall be re-called within fourteen days. Determination of disputes relating to the declaration 258. If the People’s Majlis is not in session at the time of the declaration. revoke the declaration. and the declaration of a state of emergency submitted to the People’s Majlis for approval. all laws promulgated 90 . or 3. 2. The declaration of a state of emergency shall be published in the Government Gazette within three days of its issuance. (b) The People’s Majlis may at any time: 1. 259. The Supreme Court shall determine any issues with regard to the validity in whole or part of the declaration or any law or order made pursuant to the emergency. (c) Where the President deems it necessary to extend the length of the state of emergency. and obtain the approval of the People’s Majlis for such extension. When the declaration of a state of emergency expires or Expiry or revocation of declaration is revoked by the People’s Majlis.

The Constitution may be amended by a Bill passed by a three quarters majority of the total membership of the People’s Majlis. 91 .pursuant to the declaration shall cease to have effect. the President shall give written assent to any amendments made by the People’s Majlis to the following provisions of this Constitution only after a public referendum decides so by a majority of the votes cast. 1. CHAPTER XII AMENDMENT OF THE CONSTITUTION Amendment of the Constitution 261. 262. Any of the provisions contained in Chapter II (The Maldivian Charter of Rights and Freedoms) of this Constitution. The President must publicly announce the expiration of the declaration of a state of emergency. Public announcement of expiry of state of emergency 260. (b) Despite the provisions of article (a) above. Assent of President (a) The Bill amending the Constitution passed by the People’s Majlis shall come into force upon obtaining the written assent of the President. Article 79(a) (Term of Majlis). 2.

3. Article 107 (Term of office), and Article 108 (Presidential election); where the amendment does not receive a majority approval in the public referendum, it shall be deemed to have been defeated.
Publication in Government Gazette

263. After assent by the President, the Bill amending the

Constitution passed by the People’s Majlis shall come into force after publication in the Government Gazette and on a date fixed by the People’s Majlis.
264.

Non-assent by President and national referendum

(a) If the President does not assent to the Bill amending the Constitution passed by the People’s Majlis within fifteen days of receipt, the President shall inform the People’s Majlis specifying the reasons thereof. Where the President does not inform the People’s Majlis of the reasons thereof within fifteen days of receipt the President shall be deemed to have assented to the Bill. (b) If the President does not assent to the Bill amending the Constitution passed by the People’s Majlis and so informs the People’s Majlis, the People’s Majlis may within a period determined by the People’s Majlis call for a public referendum to vote on the adoption or rejection of the Bill (c) If the Bill is approved by a majority in the public referendum specified in article (b), the President shall assent to the Bill within fifteen days and publish it in the Government Gazette.

Defeat of Bill

265. Where the Bill amending this Constitution passed by

the People’s Majlis does not receive a majority approval in the public referendum, it shall be deemed to have been defeated.

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Provisions included in Bill

266. The Bill amending the Constitution may not include

provisions other than constitutional amendments and matters connected with the amendment.
267. No amendment shall be made to any provision of the

No amendment during emergency

Constitution during the existence of a state of emergency.

CHAPTER XIII APPLICATION AND CONSTRUCTION OF THE CONSTITUTION

Supremacy of the Constitution

268. All laws of the Maldives must be enacted in accordance

with this Constitution. Any law or part of any law inconsistent with this Constitution is, to the extent of its inconsistency, void and of no force and effect. The obligations imposed by this Constitution must be fulfilled. Any conduct contrary to this Constitution shall be invalid.
269. Unless amended by the People’s Majlis, the laws in

Continuance of laws in force

force at the time this Constitution comes into force which are not inconsistent with this Constitution shall continue to remain in force.
270. Acts done pursuant to or in accordance with any law

Continued effect of repealed laws

which is repealed upon the commencement of this Constitution due to its inconsistency with this Constitution, remain valid, and the repeal of any such law shall not affect any right or obligation of a person under such law or any punishment enforced under such law.
271.

Regulations enacted under authority of Statute

Regulations derive their authority from laws passed by the People’s Majlis pursuant to which they are

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enacted, and are enforceable pursuant to such lawful authority. Any regulations requiring compliance by citizens must only be enacted pursuant to authority granted by a law enacted by the People’s Majlis.
Ascertainment of time

272. Terms, periods of times and dates in this Constitution

shall be ascertained in accordance with the Gregorian Calendar.
273. The table of contents, headings, and marginal notes

Headings

are not part of this Constitution but are inserted for convenience of reference only.
Definitions

274.

(a) In this Constitution, unless the context otherwise requires, the following words and phrases shall have the following meanings: “present and voting” means, of those members participating in the meeting at which the voting occurs, being present at the time of voting and voting either in favour of, or against, the motion being voted upon. In determining the majority of those members present and voting, members who did not vote either for or against the motion shall not be counted; “a citizen” means, any person specified as a citizen of the Maldives in Article 9 of this Constitution;

“court” means, each and every place established by the Constitution, or by a law enacted by the People’s Majlis, for the purpose of conducting a trial by a judge or bench of judges; “jurisdiction” means, the area and matters over which an authority has power to exercise influence; 94

“have a financial interest” means. and those principles derived from these two foundations. the Holy Qur’an and those principles of Shari’ah whose provenance is not in dispute from among those found in the Sunna of the Noble Prophet. “tenet of Islam” means. By-elections held to elect a person to any of the seats falling vacant comes within the meaning of elections. proceedings where the determination of the meaning of an 95 . those elections in which. the Holy Qur’an and the ways preferred by the learned people within the community and followers of the Sunnah in relation to criminal. as well as general elections held to select persons as members of the People’s Majlis and presidential elections held to select a person to fill the post of President of the Republic. pursuant to the law to govern administrative districts under the principles of decentralized governance. “person” or “persons” shall include natural and legal personalities. “judge” means. “constitutional matter” means. citizens vote to select members of various councils. civil. those persons appointed in accordance with this Constitution to conduct trials in the Supreme Court. personal and other matters found in the Sunna. High Court or Trial Courts. doing anything in a manner that could increase his property or wealth. or safeguard his property or wealth from loss.“election” means. “Islamic Shari’ah” means.

however.Article of the Constitution or any part thereof is required. those statutes. places and things within the territory of the Maldives or any part thereof and the Exclusive Economic Zone of the Maldives. “enemy” means. This includes terrorist attacks and acts of aggression committed using weapons. and the retention of the entirety of the territory of the Maldives under the control of the Maldivian State. or an order issued by a State authority. “tribunal” means any institution not constituting a court. those foreign nationals who commit acts detrimental to the independence and sovereignty of the Maldives. the security of all persons. Citizens are not included in the meaning of “enemies”. or a regulation or any part thereof. This. does not include the exercise by citizens of their legal rights to conduct peaceful activities in support of. those statutes enacted by the People’s Majlis and assented to by the President. limbs or property. or an act committed. “law” means. and which fall within the ambit of. or proceedings requiring a determination whether a law or any part thereof. “threat to national security” means a threat to the independence and sovereignty of the Maldives. by an official of that authority contravenes the Constitution. or a decision taken. “territorial integrity” means. and those regulations which are authorized by. or a threat of major damage to people’s lives. authorized by law to 96 . or against various matters without contravening the law.

CHAPTER XIV TRANSITIONAL MATTERS Application of this Chapter 275. Elections Commission 276.adjudicate cases where a dispute arises between two or more parties and to which an application is made for adjudication thereto. Unless otherwise specifically provided in this Chapter: (a) the provisions set out in this Chapter shall apply from the commencement of the Constitution until the election of and assumption of office by the President and the People’s Majlis. (b) In this Constitution. and (b) actions during the transitional period shall be as provided in this Constitution. all monies levied by the government from an individual or organization or other legal entity for the purpose of raising revenue for the State. be appointed within thirty days of the commencement of this Constitution. words denoted in the singular tense include the plural tense and vice versa. and excluding any charge. (a) A five member Elections Commission shall in the manner specified in this Chapter. “tax” or “a tax” means. 97 . fee or rent levied in accordance with law for the provision of a service.

the members of the Elections Commission shall appoint a Chairman of the Elections Commission from amongst themselves. the People’s Majlis shall by resolution passed by a two-thirds majority of those present and voting confirm the appointment of five members to the Elections Commission from the nominations received from the political parties. 6.(b) The members of the Elections Commission shall be appointed as follows:1. the political party or parties whose nominations were unsuccessful shall be given the opportunity to submit further nominations in numbers equal to the membership positions unfilled. 4. for the purposes of this Chapter a political party shall mean a party which has held its elections and post bearers appointed to its posts. 2. 5. where five members are not confirmed as provided for in article (b) (2). the political parties shall be afforded the opportunity to submit further names. 3. where the nominations submitted by the political parties as provided for in article (a) falls short of five names. each of the political parties shall submit to the People’s Majlis one nomination for appointment to the Elections Commission. 98 .

280. perform actions relating to political parties. The Elections Commission appointed pursuant to this Term of Elections Commission Chapter shall continue until the appointment. The responsibilities of the Elections Commission appointed pursuant to this Chapter shall be to do all things necessary to conduct. 99 . and such additional functions specified in this Constitution to the extent required during the transitional period.Vacancy in Elections Commission 277. of a new Elections Commission as specified in the Chapter. manage. a Judge of the Supreme Court other than the Chief Justice. supervise and declare the results of the elections held pursuant to this Chapter. Qualifications of members of the Elections Commission (a) The members of the Elections Commission established pursuant to this Chapter shall possess the qualifications specified in Article 169 of this Constitution. “Independent Commissions and Independent Offices” (of this Constitution). Judicial Service Commission (a) A Judicial Service Commission composed of the following persons. Vacancies in the Elections Commission shall be filled in accordance with the provisions of this Chapter on appointments to the Elections Commission. 278. shall be appointed within thirty days of the commencement of this Constitution: 1. (b) A member of the Elections Commission shall not be a member of any political party. elected by the Judges of the Supreme Court. 281. “The People’s Majlis” (of this Constitution). by the People’s Majlis elected as specified in the Chapter. Responsibilities of the Elections Commission 279.

of a Judicial Service Commission as specified in this Constitution. 4. elected by the Judges of the Trial Courts. a lawyer elected from among the lawyers licensed to practise in the Maldives by themselves. (a) A Supreme Court comprising of five Judges. 6. a Judge of the High Court. (c) The Judicial Service Commission appointed as provided in this Chapter shall continue until constitution by the next elected People’s Majlis. 8.2. be appointed to deal with all legal disputes arising 100 . a Judge from the Supreme Court shall only be appointed to the Judicial Service Commission after appointment of Judges to the Supreme Court as specified in this Chapter. 5. 3. shall within forty five days of the commencement of this Constitution. (b) Despite the provisions of article (a). a Judge of the Trial Courts. the Chair of the Civil Service Commission. a member of the general public appointed by the People’s Majlis. a person appointed by the President. 7. a member of the People’s Majlis appointed by it. elected by the Judges of the High Court. Supreme Court 282.

(e) The Supreme Court established as provided for in this Chapter. (b) Until the establishment of the Supreme Court as provided for in this Chapter and appointment of a person to carry out the responsibilities of the Chief Justice as specified in article (c). (d) All matters pending on appeal to the President at the commencement of this Constitution shall henceforth be dealt with and deemed to be pending before the Supreme Court. those cases disposed of by the High Court where the right of appeal has been lost between the commencement of this Constitution and establishment of the Supreme Court pursuant to this Chapter. appoints a Chief Justice as provided for in Article 147.under this Constitution and all matters coming to it on appeal from the High Court. 101 . (c) Until such time as the new People’s Majlis upon the recommendation of the Judicial Service Commission constituted as specified for in this Constitution. in formulating the principles applicable to the appeal process shall ensure that the following cases have the opportunity of appeal: 1. the responsibilities of that office shall be administered by a Judge chosen from within themselves by the Judges appointed to the Supreme Court in the manner specified in this Chapter. the highest authority for the administration of justice in the Maldives shall be a Judge of the High Court chosen from among themselves. There shall be no further recourse of appeal from the High Court to the President from then onwards.

(a) All Judges in office at the commencement of this Constitution except for the Chief Justice shall continue in office until such time as a determination pursuant to this Article. The appointments shall be determined after consulting the Judicial Service Commission and confirmation of the appointments by a two-thirds majority of the members of the People’s Majlis present and voting. 102 . (c) Where it is determined as provided in article (b) that a Judge does not possess a qualification or Continuation of Judges 285. (b) The Judges of the Supreme Court appointed pursuant to this Chapter shall possess the qualifications specified in Article 149 of this Constitution. those cases disposed of by the High Court between the commencement of this Constitution and establishment of the Supreme Court pursuant to this Chapter. The Supreme Court appointed pursuant to this Chapter shall continue until the establishment of the Supreme Court as provided for in Article 145 of this Constitution. Term of Supreme Court 284. (b) The Judicial Service Commission established pursuant to Article 157 of this Constitution. shall within two years of the commencement of this Constitution determine whether or not the Judges in office at the said time. (a) The President as Head of the State shall appoint Judges to the Supreme Court established as specified in this Chapter. possess the qualification of Judges specified in Article 149.2. Appointment of Judges to the Supreme Court 283.

Other courts 286. Judges may only be removed from office as specified in Article 154 of this Constitution. such Judge shall be appointed as a Judge under this Constitution. Jurisdiction of the courts 287. However the Attorney General shall only carry out the responsibilities of the Prosecutor General for a maximum period of thirty days. the responsibilities of the Prosecutor General shall be carried out the by the Attorney General. (e) Except as provided in article (c). such Judge shall cease to hold office. (d) Where it is determined as provided in article (b) that a Judge possesses the qualifications specified in Article 149. All matters pending before the Supreme Court established pursuant to this Chapter and the courts in existence at commencement of this Constitution shall henceforth be deemed to be pending before the courts established under this Constitution. (a) The Prosecutor General shall be appointed in the manner specified in this Chapter within thirty days of the commencement of this Constitution. (b) Until such time as the Prosecutor General is appointed and assumes office. (c) The President as Head of the State shall appoint the Prosecutor General as provided in article (a). All Courts in existence at commencement of this Constitution shall continue in existence until such time as new Courts are established in accordance with Article 141 of this Constitution. The appointment shall be made by 103 Prosecutor General 288. .the qualifications specified in Article 149.

All laws in force at the time this Constitution comes into force which are not inconsistent with this Constitution shall continue to remain in force. assent by the President and publication in the Government Gazette. after approval of the Special Majlis.submission of a nomination to the People’s Majlis within fifteen days of the commencement of this Constitution. 293. and confirmation of the appointment by a two-thirds majority of the members of the People’s Majlis present and voting. (c) Despite the provisions of article (a). Anti-Corruption Commission 289. No amendment to the Constitution 292. until such time as the election of the President and the People’s Majlis. the specific provisions of this 104 . the “Constitution of the Republic of the Maldives” which came into force on 1 January 1998 shall be repealed. The Independent Commissions Elections Commission. 290. Commencement of this Constitution (a) This Constitution shall come into force. No amendments may be made to the Constitution until the first election of and assumption of office by the President and the People’s Majlis under this Constitution. be appointed within sixty days of the first sitting of the first People’s Majlis elected under this Constitution. the Anti-Corruption Commission and the Prosecutor General shall in accordance with the provisions of this Constitution. The Anti-Corruption Commission shall in the manner specified in this Constitution be appointed within sixty days of the commencement of this Constitution. Continuance of laws 291. (b) Upon the commencement of this Constitution.

105 . elect a Speaker and a Deputy Speaker from its members by secret ballot. to do all things necessary to facilitate the elections specified in this Chapter in the manner provided herein. an election shall be held to elect a member to the vacancy. Until such time as a Speaker and a Deputy Speaker is elected the People’s Majlis shall be presided over by the consecutively longest serving member from among those present. and there is a period of six months between the date of the vacancy and the first sitting of the first elected People’s Majlis. Where there are a number of members who have consecutively served the longest then the Majlis shall be presided over by the member most senior by age of those having served consecutively the longest. (a) The People’s Majlis in existence at the commencement of this Constitution shall continue until such time as the first elections of the People’s Majlis under this Constitution are held. Responsibilities and powers of the People’s Majlis 295. and election of members and assumption of office by the members. Continuance of the People’s Majlis 294.Chapter shall apply to the matters specified herein. (b) The People’s Majlis shall at the first sitting after the ratification of this Constitution. (a) The People’s Majlis shall carry out the following: 1. (c) Whenever there is a vacancy among the members of the People’s Majlis.

to deal with all routine legislative matters necessary for the functioning of the Executive and the Judiciary. (b) The People’s Majlis shall continue to consider Bills submitted prior to the commencement of this Constitution. and not yet enacted. Election of the People’s Majlis 296. (a) The first election of members to the People’s Majlis to be held under this Constitution shall be held before 15 February 2009. (a) Within two years of the commencement of this Constitution. and institutions specified in the Constitution shall also be created or established. 4. to determine what laws are contrary to the Constitution and to do all things necessary for the repeal or amendment of such laws. excepting matters specifically provided herein.2. (b) The People’s Majlis elected in accordance with article (a) shall after taking and subscribing the oath of office and assumption of office. (b) Until such time as elections or appointments to posts specified in this Constitution in the 106 . and for the proper functioning and good governance of the Maldives. Continuance of other posts and institutions 297. and any other matters if they are not contrary to the Constitution. to enact legislation required under this Constitution. 3. hold the first meeting of the first People’s Majlis elected under this Constitution. elections or appointments to posts shall be finalised in accordance with the provisions of this Constitution. before 1 March 2009.

Decentralised administration 298. The Executive shall within thirty days of the commencement of this Constitution draw up a list of such laws or part thereof and submit it to the 107 . all State institutions. 299. institutions created or established at the commencement of this Constitution shall continue. the Judiciary.manner provided in this Chapter or this Constitution are finalised. the People’s Majlis shall identify laws inconsistent with the Constitution at its commencement and approve a course of action until such inconsistent laws or parts thereof can be amended or repealed. all persons in any State post and all citizens shall comply with the provisions of the Constitution upon its commencement. the People’s Majlis. atoll councils and city councils as provided for in this Constitution shall be held before 1 July 2009. The nonexistence of a law shall not be an excuse for the infringement of any fundamental right or freedom under the Constitution. persons elected or appointed at the commencement of this Constitution shall continue in office. (c) Until such time as creation of institutions specified in this Constitution in the manner provided in this Chapter or this Constitution. Obedience to the Constitution (a) The Executive. elections to island councils. the Independent Commissions and persons in Independent Offices. (b) Despite the provisions of article (a):- 1. In order to provide for decentralised administration of the administrative divisions of the Maldives.

2. The Executive shall within thirty days of the commencement of this Constitution draw up a list of such laws and submit it to the People’s Majlis. the Cabinet of Ministers appointed by the person holding the post of President at the commencement of this Constitution shall continue in office.People’s Majlis. The President has the discretion to make changes to the Cabinet of Ministers. (b) Until such time as the first Presidential elections under this Constitution are held and a person elected to and assumes the post of President. approve a course of action in relation to these matters. the People’s Majlis shall draw up and approve a schedule for enactment and commencement of such laws. (a) Until such time as the first Presidential elections under this Constitution are held and a person elected to and assumes the post of President. Continuation in office of the President and the Cabinet of Ministers 300. Within ninety days of the commencement of this Constitution. Within ninety days of the commencement of this Constitution. the People’s Majlis shall draw up and approve a schedule for amending or revoking such laws. the People’s Majlis shall until the enactment and commencement of laws required to give effect to this Constitution. (c) The Cabinet of Ministers appointed after the first Presidential elections held pursuant to this 108 . the person holding the post of President at the commencement of this Constitution shall continue in office.

Presidential election 301. (b) The President elected in accordance with article (a) shall take and subscribe the oath of and assume office on 11 November 2008. (a) The first presidential elections to be held under this Constitution shall be held before 10 October 2008.Constitution shall not contain any members of the People’s Majlis. 109 .

that I will bear true faith and allegiance to the Republic of Maldives. 3. do swear in the name of Almighty Allah that I will respect the religion of Islam. OATH OF OFFICE OF PRESIDENT I. …(name of person)….SCHEDULE 1 OATHS OF OFFICE 1. that I will bear true faith and allegiance to the Republic of Maldives. and will discharge the duties and responsibilities of the office of Vice President honestly and faithfully in accordance with the Constitution and laws of the Republic of Maldives. that I will uphold the Constitution of the Republic of Maldives and the fundamental rights of the Maldivian citizens. …(name of person)…. that I will bear true faith and allegiance to the Republic of Maldives. 110 . do swear in the name of Almighty Allah that I will respect the religion of Islam. do swear in the name of Almighty Allah that I will respect the religion of Islam. OATH OF OFFICE OF VICE PRESIDENT I. …(name of person)…. OATH OF OFFICE OF MEMBERS OF THE CABINET I. 2. that I will uphold the Constitution of the Republic of Maldives and the fundamental rights of the Maldivian citizens. and will discharge the duties and responsibilities of the office of President honestly and faithfully in accordance with the Constitution and laws of the Republic of Maldives. that I will uphold the Constitution of the Republic of Maldives and the fundamental rights of the Maldivian citizens. and will discharge the duties and responsibilities entrusted to me by the President and my duties and responsibilities as Cabinet Minister/ Attorney General honestly and faithfully in accordance with the Constitution and laws of the Republic of Maldives.

that I will uphold the fundamental rights of the Maldivian citizens and will discharge the duties and responsibilities of Auditor General/ Prosecutor General/ membership of the Elections Commission/ membership of the Judicial Service Commission/ membership of the Human Rights Commission/ membership of the Civil Service Commission/ membership of the Anti-Corruption Commission honestly and faithfully in accordance with the Constitution and laws of the Republic of Maldives. do swear in the name of Almighty Allah that I will respect the religion of Islam. that I will uphold the Constitution and the laws of the Republic of Maldives. that I will uphold the fundamental rights of the Maldivian citizens and will discharge the duties and responsibilities of Chief Justice/ Judge honestly and faithfully in accordance with the Constitution and laws of the Republic of Maldives. do swear in the name of Almighty Allah that I will respect the religion of Islam. …(name of person)…. 111 .4. OATH OF OFFICE OF CHIEF JUSTICE AND JUDGES I. that I will uphold the Constitution of the Republic of Maldives. that I will bear true faith and allegiance to the Republic of Maldives. and will discharge my duties and responsibilities as a member of the People’s Majlis honestly and faithfully in accordance with the Constitution and the laws of the Republic of Maldives. OATH OF OFFICE OF MEMBERS OF THE PEOPLE’S MAJLIS I. …(name of person)…. 6. 5. OATH OF OFFICE OF MEMBERS OF INDEPENDENT COMMISSIONS AND INDEPENDENT OFFICES I. …(name of person)…. that I will bear true faith and allegiance to the Maldives. do swear in the name of Almighty Allah that I will respect the religion of Islam. that I will uphold the Constitution of the Republic of Maldives and the fundamental rights of the Maldivian citizens.

SCHEDULE 2 ADMINISTRATIVE DIVISIONS Male’ (including Villingilli and Hulhumale’) HA HDh Sh N R B Lh K AA ADh V M F Dh Th L GA GDh Gn S Thiladhunmathi Uthuruburi Thiladhunmathi Dhekunuburi Miladhunmadhulu Uthuruburi Miladhunmadhulu Dhekunuburi Maalhosmadhulu Uthuruburi Maalhosmadhulu Dhekunuburi Faadhippolhu Male’ Atoll Ari Atoll Uthuruburi Ari Atoll Dhekunuburi Felidhe Atoll Mulakatoll Nilandhe Atholhu Uthuruburi Nilandhe Atholhu Dhekunuburi Kolhumadulu Haddhunmathi Huvadhu Atholhu Uthuruburi Huvadhu Atholhu Dhekunuburi Fuvammulah Addu Atoll 112 .

the green rectangle being surrounded by a red border. The radii of both curvatures crescent are onethird of the width of the green rectangle.SCHEDULE 3 NATIONAL FLAG National flag Composition of national flag As provided in Article 12 of this Constitution. the first point being nine-sixteenth and the second at five-eighths of the length. They are drawn from two points on a centre line across the length of the green rectangle. the national flag of the Republic of Maldives comprises of a green rectangle with a white crescent in the centre. Dimensions The width of the national flag is two-thirds of its length. measured from 113 . The width of the red border is one-fourth of the width of the flag.

When the flag is hoisted the curvature of the crescent should face out.the side nearer to the staff. T 1143 for nylon worsted bunting and No.British Admiralty Colour Code No.British Admiralty Colour Code No. T 818 A for other bunting. T 1144 for nylon worsted bunting and No. joining together to form a crescent. T 817 A for other bunting. T1145 for nylon worsted bunting and T 819 A for other bunting. Colours Green. Red.British Admiralty Colour Code No. White. 114 .

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